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(영문) 수원지방법원 안산지원 2018.11.22 2018가합5345
약정금
Text

1. Defendant B shall pay to the Plaintiff KRW 597,626,711 and KRW 525,00,000 among them, from April 21, 2017 to the date of full payment.

Reasons

1. Basic facts

A. On June 5, 2014, a joint investment agreement was formulated on June 5, 2014, with respect to the new construction of multi-household E land in the name of the Plaintiff, Defendant B and C, Ansan-si, the following terms and conditions were as follows:

(hereinafter “First Agreement”). At the end of the said Joint Investment Agreement, the name of Defendant C, his wife, is written, and the seal is affixed thereto.

The subjects of investment in the joint investment agreement: Defendant B, C, and the Plaintiff shall enter into a contract with respect to the joint investment in the real estate subject to the construction of a new multi-household building in Ansan-gu in Gyeonggi-do as follows:

1. As to E’s purchase of land and buildings and new construction of multi-household buildings, the Plaintiff shall invest KRW 150 million in Defendant B and C by the architect.

(j) 1. The second amount of KRW 100 million on June 5, 2014; Defendant CF bank account (G) on June 9, 2014;

2. Defendant B shall construct a multi-household building together with any balance (purchase) and shall have all rights to ownership and sale price of the new building.

When registering the preservation of this new building, the amount of investment and dividends shall be paid to the Plaintiff in KRW 95 million on October 20, 2014.

B. The Plaintiff shall be paid KRW 95 million on February 20, 2015 to the two-lanes of investment and dividends.

(c)if the above payment is in arrears, it shall be the additional payment key calculated on the basis of the interest of two or five copies per month.

The date of payment of the above investment and dividend shall not exceed six months after the preservation registration.

3. In addition to paragraph 2 above, all rights of the new multi-household building E and the proceeds from the sale of buildings in lots shall belong to B.

(hereinafter omitted)

B. On September 3, 2014, in relation to the construction of a multi-household building on the H land in the name of the Plaintiff, Defendant B, and C, the “joint investment agreement” was formulated as follows (hereinafter “the second agreement”) with respect to the construction of a multi-household building on the H land in Ansan-si in the name of the Plaintiff, Defendant B, and C (hereinafter “the second agreement”).

. At the end of the above joint investment agreement, the name of the defendant C is written and its seal is affixed.

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