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(영문) 서울고등법원 2016.07.06 2015나19836
약정금
Text

1. All appeals by the defendant against the plaintiffs are dismissed.

2. The costs of appeal shall be borne by the Defendant.

purport, purport, and.

Reasons

1. Basic facts

A. From July 2007, D and E agreed with the Defendant to establish and operate a corporation by investing a certain amount of money in relation to the Seongdong-gu Seoul Metropolitan Government F Land Development Project (hereinafter “F Land Development Project”) ordered by the Korea Land and Housing Corporation (hereinafter “F Land Development Project”). However, the project agreement was prepared with the Defendant under the name of the Plaintiff A, which is between E and E.

Accordingly, 55% of the shares of Plaintiff A (in its internal nature, 10% of them are shares of D) and G Co., Ltd. (hereinafter “G”) with 45% of the defendant’s shares was established, and the defendant was appointed as the representative director of the above company.

B. Around July 2007, G made efforts to ensure that the consortiums participating in sco construction or sco construction are eligible for preferential negotiations for F land development projects (project operators) and that sco construction is eligible for preferential negotiations in consideration of the degree of G contribution when G is selected as eligible for preferential negotiations. (2) sco construction was selected as eligible for preferential negotiations for F land development projects around March 5, 2008.

C. 1) D and E demanded that the Defendant, who was fully in charge of the business liaison between G and Scco Construction, would receive KRW 5 billion and KRW 10 billion after the selection of the priority negotiation object of the Scco Construction, and did not present an agreement specifying the specific amount, method of payment, etc., that the Defendant would be promised from the Scco Construction to receive the payment confirmation statement on September 29, 2008 that the Defendant would allow G to be selected as the priority negotiation object. (2) On September 29, 2008, the Defendant prepared a letter of payment confirmation as follows and issued it to E.

G.

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