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(영문) 청주지방법원 2016.12.15 2016가합261
약정금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Summary of the parties' arguments

A. While the Plaintiff was contracted with the lessee of the second floor A-22, this-201, A-201, A-201, A-201, and A-201 (hereinafter “the instant building”), among the buildings operated by Cheongju-si, Cheongju-si (hereinafter “the instant building”), the Plaintiff was not paid the construction cost. However, upon the commencement of the voluntary auction procedure on the instant building, the Plaintiff was under obligation to jointly and severally pay the Plaintiff KRW 550,00,00,00 to the Plaintiff on condition that the instant building was knocked under Defendant B’s name and distributed profits, etc. through B, but the Defendants agreed to jointly and severally pay the Plaintiff the said KRW 550,00,000 on condition that the Plaintiff did not exercise the right of retention.

B. Defendant C lent KRW 100,00,000 to the Plaintiff as necessary expenses for the construction of the instant building; Defendant C invested money in the instant building in accordance with the agreement with the Plaintiff, such as that the Plaintiff bears the amount of KRW 90,00,000,00 as a bid bond necessary to obtain a successful bid; and it is merely reasonable to assess the value of the right of retention claimed by the Plaintiff as KRW 550,00,000,000 in order to determine the distribution ratio of profits arising from the ownership of the instant building and the operation of crowdfunding; and separately, the Defendants paid KRW 550,00,000 to the Plaintiff.

It is not joint or several sureties, and Defendant B merely lent only the name in the bid of the instant building, and agreed to have no authority to do so on the instant building, so there is no reason to pay the Plaintiff KRW 50,000,000.

2. The agreement entered into between the Plaintiff and the Defendants pursuant to the instant agreement, i.e., the conclusion of the judgment, A’s No. 7, and the said agreement.

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