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(영문) 서울중앙지방법원 2016.08.26 2015가합516750
약정금
Text

1. The Defendant: (a) KRW 1,002,652,248 for the Plaintiff and KRW 5% per annum from April 26, 2015 to August 26, 2016; and (b) the Plaintiff.

Reasons

1. In order to achieve the objective of the project, the defendant shall share the following duties and shall set the share ratio of the project as follows:

(1) The defendant shall bear the amount of land contract, etc. as follows:

C The plaintiff must complete the land purchase business for the project site C.

The plaintiff's responsibility shall deal with the purchase of land necessary for authorization, permission and projects, including access roads.

Provided, That if it is necessary to purchase an additional site to enhance the business profitability and the parcelling-out nature, it shall be purchased through consultation with the plaintiff and the defendant.

④ Within five business days after the payment of the Defendant’s land service charges, the Plaintiff shall cooperate with the Defendant to set up the Defendant’s investment amount under this Agreement in the name of the Defendant at the first priority collateral on one parcel of the Ddong branch of Gangseo-si.

The defendant shall cancel the establishment of a collateral security at the time of completion of the registration of transfer of ownership of the business site and, if the progress of the plaintiff's business is not possible due to the establishment of collateral security, the plaintiff may substitute it as another collateral

Article 4 (Processing of Building Approval, Permission, Registration Affairs, etc.) The plaintiff and the defendant shall actively cooperate with each other in building authorization and permission for the project, and the cost incurred shall be invested in accordance with the ratio of shares in the project.

Article 6 (Distribution and Settlement of Profits and Losses) ① In promoting the project, the Plaintiff and the Defendant shall distribute profits or bear losses according to the agreed ratio between the Plaintiff and the Defendant (Plaintiff 30%: Defendant 70%) under Article 3 of the present Arrangement with respect to the subsequent profits and losses arising from the exception of the total project cost (the total project cost, taxes and public charges, and all other expenses).

(2) In principle, the plaintiff and the defendant shall settle the time of completion of the main business and the time of completion of occupancy as the date of settlement of profits or losses.

Article 7 (Termination of Agreement) The plaintiff and the defendant may terminate this Agreement in any of the following cases:

(2)

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