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(영문) 의정부지방법원 2018.01.12 2016가합55346
정산금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a company that newly constructs C apartment (hereinafter “instant apartment”) with a scale of 540 units on the ground outside B and 21 units on the ground of the land (hereinafter “instant apartment”). The Defendant is a construction company of the instant apartment.

B. The Plaintiff, while implementing the instant project, requested the Defendant to settle the debt owed to the Defendant, and drafted a written agreement with the Defendant on July 30, 2012, stating the following (hereinafter “instant agreement”).

2. The amount of adjusted amount, such as the Plaintiff’s business-related investor’s debt settlement cost, interest, etc. (including approximately KRW 500 million), which the Plaintiff requested from the Defendant, shall be paid in sequence until the unsold goods in this workplace are finally lowered under mutual agreement, and the time and amount of payment shall be paid KRW 100 million on August 31, 2012, KRW 310 million, KRW 300,000 on December 30, 2012, KRW 100,000 on March 30, 2013, KRW 200,000 on July 30, 2013.

5. After the preparation of this Agreement, the Plaintiff shall delegate to the Defendant all the authority to determine and dispose of the discount price at the time of selling the apartment unsold in lots, and shall waive the Plaintiff’s right of the instant business, and shall delegate the Plaintiff’s right to the Defendant, and may not thereafter demand the Defendant to pay money and consideration to the Defendant in any future.

When violating this, the plaintiff is liable to compensate for civil or criminal damages.

C. From July 31, 2012 to August 26, 2013, the Defendant remitted KRW 593,700,000 to the Plaintiff for expenses for debt settlement stipulated in the instant agreement.

On July 31, 2012, the Plaintiff entered into a security trust agreement and an agency contract with Korea Asset Trust Co., Ltd. (hereinafter “Korea Asset Trust”) for 90 households unsold in the instant apartment.

E. On October 10, 2013, the Plaintiff requested the Defendant to pay the remaining amount of KRW 20 million under the instant agreement, and thereafter, he/she shall be entitled to the Defendant any further payment.

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