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(영문) 수원지방법원평택지원 2014.05.16 2013가합1336
약정금
Text

1. The Defendant’s KRW 50 million to the Plaintiff and the Plaintiff’s 5% per annum from April 26, 2013 to May 16, 2014.

Reasons

1. Facts of recognition;

A. On December 31, 2006, the Defendant entered into an agreement with the C Branch Co., Ltd. (hereinafter referred to as the “C Branch”) to pay KRW 10 million per annum to the clans who are the landowners of the instant land with KRW 5,744 square meters (hereinafter referred to as the “instant land”). As to the instant wedding building (hereinafter referred to as the “instant wedding”) being constructed on the ground, the Defendant acquired the instant wedding hall, authorization and permission, and the right to use the instant land from the clans, and instead, the Defendant shall be liable for the amount of KRW 20 million invested by the clans to the land construction dispute resolution committee, and paid dividends of KRW 10 million per annum to the clans who are the landowners of the instant land with the usage fees of the instant land.

B. The Defendant completed the instant wedding on May 17, 2007, and completed the registration of ownership transfer on the ground of sale in the name of the Defendant, even on May 15, 2009, for the instant wedding hall with the size of 4th above ground, registered as the owner of the general building ledger, and commenced the wedding hall business from around that time. On December 26, 2007, the registration of ownership transfer was completed under the Defendant’s name.

C. The Defendant’s husband, a husband, took overall charge of the construction and financing of the instant wedding hall. As the funds necessary for the construction, etc. of the instant wedding hall were insufficient, the Plaintiff, who was known to the Plaintiff for at least 20 years, proposed to make an investment in the instant wedding hall, and the Plaintiff consented thereto.

The Plaintiff transferred money from December 2, 2006 to August 2, 2007 to the Defendant or paid the check or cash in the name of the Plaintiff, relative, or relative with him. Upon the request of E, each construction business operator of the instant wedding hall shall deliver the amount of the construction work on a direct and first-come-served basis to each construction business operator of the instant wedding hall, or the amount of the construction work on December 6, 2006 to F, the Plaintiff transferred to G (H) KRW 40 million to the Plaintiff on December 18, 2006.

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