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(영문) 서울남부지방법원 2015.04.23 2013가합20442
약정금
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. (1) The Plaintiff’s mother-building Corporation (1) decided to newly construct and sell “F Building” (hereinafter “F Building”) an aggregate building on the land of Gangseo-gu Seoul Metropolitan Government Ero 174.5 square meters, one’s own ownership, and the Plaintiff performed a new construction work on behalf of D on May 201 on behalf of D. As the Plaintiff ceased construction work on October 201, 201, the Plaintiff continued to implement the said construction work by introducing other construction companies from Defendant B and paying the construction price to Defendant C (hereinafter “Defendant Company”) with the account of Defendant C (hereinafter “Defendant Company”).

(2) In order to prepare the construction cost, D obtained a loan of KRW 300,00,000 as security and a loan of KRW 70,00,000 from a new bank. After the completion of the instant loan, D’s registration of preservation of ownership was completed on December 7, 201, and on December 12, 201, the registration of the establishment of the mortgage of KRW 360,00,000 for the entire loan and the site of the instant loan was completed in the future of the new bank on December 12, 201.

B. The Plaintiff leased or sold the instant loan on behalf of D as follows.

(2) On December 2011, the Plaintiff entered into a lease agreement with G on the instant loan No. 301, and received deposit KRW 90,000,000 by December 13, 201.

(3) On December 27, 201, the Plaintiff entered into a lease agreement with H on 202 of the instant loan, and received KRW 9,000,000 for the down payment. After which the said contract was terminated, the Plaintiff entered into a lease agreement with I on 3 January 2012, and received KRW 90,000,000 as security deposit by January 28, 2012.

(4) On December 28, 201, the Plaintiff entered into a lease agreement with J on the instant loan No. 302, and KRW 48,000,000 by January 16, 2012.

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