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(영문) 서울중앙지방법원 2015.12.15 2014가단116248
약정금
Text

1. Of the instant counterclaim by the Defendant (Counterclaim Plaintiff), the Defendant (Counterclaim Plaintiff) entered into a contract with the Plaintiff (Counterclaim Plaintiff) on September 7, 2012.

Reasons

1. Basic facts

A. On September 7, 2012, the Plaintiff entered into an agreement with the Defendant on investment and profit distribution (hereinafter referred to as the “instant agreement”) with the content that, by investing money jointly with the Defendant, an underground store F of Commercial Facilities in a sericultural E (hereinafter referred to as “each of the instant stores”) was sold in lots with B23 through 32, and resells the purchase and resells the proceeds therefrom, and the agreement is as listed in the attached Table.

B. By September 27, 2012, pursuant to the instant agreement, the Plaintiff paid 279,55,000 won (hereinafter “instant investment”) out of the total sale price to the Defendant. The Defendant, using the instant investment money, concluded a sales contract for each of the instant stores and paid the sales contract for each of the instant stores at KRW 2,795,55,50,000 with a total sale price determined as KRW 2,795,550,50,000 as the financial investment business entity, Si Corporation Corporation, and Si Corporation Construction (hereinafter “Treatment Construction”) for the instant store, which is the executory company for the instant store (hereinafter “Treatment Construction”), and the Defendant received a total of KRW 838,65,000 from Dong Savings Bank around November 2012 and paid the intermediate payment for each of the instant stores.

C. The Defendant registered each of the instant stores as a rental business operator from March 27, 2013, and received a refund of KRW 50,294,280 from the competent authority as value-added tax. As to each of the instant stores, it was difficult for the Defendant to resell the sales right upon receiving premium from each of the instant stores, the Defendant sold the sales right to G and H on May 10, 2013 at the price as it purchased without premium. At the time of the said sales contract, the Defendant repaid the loans that the Defendant borrowed from the Dong Savings Bank at the time of the said sales contract to the purchaser, and the Defendant succeeded to the lease contract concluded with the Plaintiff on December 27, 2012 under the same conditions as the purchaser succeeds to the lease contract concluded with the Plaintiff, and the Defendant succeeds to the Defendant’s equipped with the Plaintiff.

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