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(영문) 울산지방법원 2020.08.12 2018가합20459
약정금
Text

1. The Defendant’s KRW 60,000,000 to the Plaintiffs and the following: 5% per annum from March 22, 2017 to August 12, 2020, respectively.

Reasons

1. Basic facts

A. On December 2014, the Plaintiffs agreed that F, which led to the instant officetel construction business (hereinafter “instant officetel construction business”), shall invest KRW 30 million in the name of land contract amounting to KRW 80,000,000 for land and construction expenses, and that F, which would receive KRW 110,000,000 from F to receive KRW 30,000,000 from the total amount of investment, upon completion of the instant officetel construction business (hereinafter “instant land”).

B. F is difficult for F to carry out the instant officetel construction project, the Defendant came to proceed with the said project in the name of G. Accordingly, the ownership transfer registration for the instant land was completed on April 14, 2015, which was due to the sale on March 12, 2015, and between the Defendant and the Plaintiffs on March 23, 2015, as follows:

(hereinafter referred to as the “instant execution note”). Performance note (hereinafter referred to as the “Defendant”) B (hereinafter referred to as the “B”) shall succeed to the contents of the investment note with Party A (hereinafter referred to as the “Plaintiffs”) related to the development investment in Ulsan-gun, Ulsan-gu, Ulsan-do, and F, and the down payment land shall be returned to Party A by May 30, 2015, and the contract for sale of three debentures of officetels (13.5 square meters) after obtaining the building permit shall be prepared and transferred free of charge.

(other, tax shall be borne by A). 30 million won of the investment in officetels transferred to F shall also be refunded five months after the commencement of the project.

(Provided, That interest shall be limited to 1.5 per cent per month). They shall be confirmed by both parties and shall prepare an explanatory note.

I agree to the notarial deed. If CC is unable to carry on an officetel business for any reason in the above address, I confirm that the performance certificate (certificate) receipt certificate, etc. prepared by CC will become invalid.

(Reference: All the letters written by FC are as above). C. 23 March 2015.

The defendant shall be entitled to return the investment amount.

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