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(영문) 대전지방법원서산지원 2017.07.20 2016가합50831
약정금
Text

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

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

Reasons

1. Basic facts

A. From November 19, 2013, the Plaintiff purchased land located in the F District from the Korea Land and Housing Corporation in Jin-si, and introduced H, on the said ground, which was carrying out a new G-type sale project (hereinafter “instant new sale project”). On November 19, 2013, the Defendant D Co., Ltd. (hereinafter “Defendant D”) that was the representative director at the time of H and B entered into a contract to jointly implement the instant new sale project (hereinafter “the first joint execution contract”).

Defendant D, under the contract, took charge of the duties of “all relevant activities,” “project management companies (hereinafter “PM companies”), and “business-related enterprises, such as trust companies/financial companies/sellers/designers,” etc.” (Article 3(2)), and agreed to distribute profits by 50% (Article 6(2)). The Plaintiff signed and sealed the above contract as a observer.

B. B around December 2013, Defendant E Co., Ltd. (hereinafter “Defendant E”) was established to deal with business affairs under the first joint implementation agreement. From A to September 26, 2016, the company changed its trade name.

C. From June 2014 to March 2016, Defendant E paid the Plaintiff KRW 11 million each month in total (Provided, That from March 5, 2015 to August 2015, Defendant E paid KRW 66 million, and from September 9, 2015 to December 2015, in total, KRW 20 million and KRW 24 million as of December 10, 2015).

Around January 2016, H and I and Defendant E concluded a contract to jointly implement the instant new construction and sale business (hereinafter “second joint implementation contract”).

Defendant E, under the contract, takes charge of the duties such as “all activities related to the implementation, the selection of a PM company and the act of a service contract, trust company/financial company/sale agency/design Office, etc.” (Article 3(2) and “H and I in relation to profit sharing.”

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