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(영문) 인천지방법원 2015.08.12 2015가합1976
약정금등
Text

1. As to KRW 230,00,000 among the Plaintiff and KRW 200,000,000, the Defendant shall pay to the Plaintiff the full payment day from March 19, 2015 to the day of full payment.

Reasons

1. Determination as to the cause of claim

(a) The facts subsequent to the facts of recognition may be found either in dispute between the parties or in full view of the entries in Gap evidence 1 to 3 (including branch numbers, if any) and the testimony and the whole purport of the pleadings of the witness C:

① On May 27, 2002, the Defendant newly constructed a four-story sports facility on the ground of 11,317 square meters in Gyeyang-gu Incheon Gyeyang-gu, Incheon, with the trade name of “E golf practice range” (hereinafter “instant golf practice range”).

② In establishing the instant golf practice range, the Plaintiff provided procedural assistance to the Defendant in obtaining authorization from the competent authorities, and offered the Plaintiff’s real estate as security so that the Defendant borrowed KRW 200 million from financial institutions as funds for the establishment of the instant golf practice range.

③ Accordingly, since around 2002, the Defendant established the instant golf driving range, paid KRW 3 million per month to the Plaintiff by the time of the agreement to pay the settlement amount following the Plaintiff’s withdrawal as follows.

④ In light of the degree of contribution made by the Plaintiff to the establishment and operation of the instant golf driving range in 2007, the Defendant determined the Plaintiff’s investment rate of 10% for the instant golf driving range business, and around that time, agreed to calculate the total amount of asset valuation of the instant golf driving range as KRW 7 billion, the remaining value valuation excluding liabilities KRW 3 billion, to the Plaintiff as KRW 4 billion, and to pay KRW 400 million equivalent to the Plaintiff’s investment rate of KRW 10 billion out of the remaining value of the instant golf driving range as a settlement amount following the withdrawal from the said business relationship (hereinafter “instant agreement”).

⑤ In order to pay KRW 200 million to the Plaintiff, the Defendant prepared a twenty copy of the KRW 200 million check with KRW 170 million and delivered to the Plaintiff, but only seven copies of the check with KRW 170 million.

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