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(영문) 대구지방법원 2017.11.16 2017나4810
약정금
Text

1. The plaintiff's appeal and the claim selected by this court are all dismissed.

2. After an appeal is filed.

Reasons

1. The court's explanation on this part of the basic facts is identical to the corresponding part of the judgment of the court of first instance, and thus, citing it as it is in accordance with the main sentence of Article 420 of the Civil Procedure

2. The parties' assertion

A. The Plaintiff’s cause of the claim is selectively asserted the following cause of the claim.

1) Around January 2008, W, F, and AA have the right to make an investment in the Plaintiff, and the Plaintiff has an investment agreement with the Defendant (hereinafter “instant investment agreement”).

After the conclusion of the instant investment agreement, on April 30, 2008, remitted KRW 50,000 to H account, which is the wife of W. At the time, the content of the instant investment agreement was the content that the Defendant transferred ownership according to the Plaintiff’s share of the Plaintiff’s investment amount with respect to the instant land to be purchased in the future. Accordingly, upon the Plaintiff’s filing of a claim for the transfer of the instant land share pursuant to the instant investment agreement, W would find the Plaintiff along with F and Defendant representative director C, and W would like to prepare and conclude the instant share transfer agreement, which was retrospectively prepared as a collateral for the said investment amount as of April 29, 2008, and the Defendant representative director C would promptly pay KRW 60,000 if the Plaintiff wishes to do so (hereinafter “the instant oral agreement”).

(2) The agreement of this case written by W is written to the purport that W will implement the terms and conditions of the agreement in a manner that confirms the oral agreement of this case. Therefore, the Defendant is obliged to pay the Plaintiff damages for delay from May 1, 2008, which is the day following the date when the Plaintiff remitted the said investment amount, to H. 2) claim based on the representative director’s liability is written to the Plaintiff at the time of the preparation of the share transfer contract of this case.

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