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(영문) 의정부지방법원 2018.08.29 2017가합1216
기타(금전)
Text

1. The defendant shall pay to the plaintiff KRW 7,762,334,245.

2. The plaintiff's remaining claims are dismissed.

3. The costs of the lawsuit;

Reasons

1. Basic facts

A. On November 4, 2014, the Plaintiff and the Defendant entered into a joint project with respect to the new construction of “Lone Starman” (hereinafter referred to as the “instant project”) to be built on the ground (hereinafter referred to as “instant project”) on the said seven parcels [the said seven parcels (including the said seven parcels), 424-1, 424-12, 424-13, 424-31, 424-40, 463-8, 463-16) was combined with the Defendant on the said seven parcels (hereinafter referred to as the “instant parcels”)], which is to be built on the ground, in Yangju-si-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-

B. As to the instant project on May 27, 2015, the Plaintiff and the Defendant entered into an amendment agreement (hereinafter “instant amendment agreement”) under which the Plaintiff would pay KRW 3,300,000,000 (including value-added tax) to the Plaintiff, instead of lending KRW 2,670,000,000 in total, to the Plaintiff as follows, instead of lending KRW 3,470,000,000 (including value-added tax).

Article 1. [Opening of Project and Contract Amount]

6. Total amount of development investment: 3,470,000 won (Won 3,470,000,000): Amount invested (the first) in daily gold sale: Amount invested (Won 800,000,000): Amount invested (in addition) in daily gold sale: KRW 2,670,000 (Won 2,670,000,000); and

7. Total amount of development investment profits: 1) investment profits (including the 3,300,000,000 additional tax) from the daily gold-raising three hundred million won (Won 3,300,000,000): 2) investment profits (additional tax including the non 990,000 additional tax (Won 990,000,000): Additional tax including the non 2,310,000 won (Won 2,310,000,000); and

8. Article 10 [Restriction on Rights, Obligations and Transfer] A (hereinafter “Defendant”) including the Value-Added Tax (Won 6,770,000,000) of the aggregate of the total amount of development investment profits 1) of the aggregate of the total amount of investment profits.

(1) The Korea Investment Savings Bank of Korea (Won 3,470,000,000) shall have the total amount (Won 800,000,000), the total amount (Won 2,670,000), the total amount (Won 2,670,000,000), the total amount (Won 3,470,000,000).

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