(영문) 서울중앙지방법원 2020.09.18 2019가합581233

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(영문) 서울중앙지방법원 2020.09.18 2019가합581233

약정금

Text

The Defendant’s KRW 1,200,000,000 per annum for the Plaintiff and 6% per annum from January 19, 2019 to November 21, 2019.

Reasons

1. Facts of recognition;

A. On April 25, 2016, C and D entered into a joint agreement with E Co., Ltd. (hereinafter “E”) to purchase and develop F 2,712.6 square meters (hereinafter “instant land”). At the time, the Plaintiff, as C’s acting agent, entered into the said joint agreement as D’s acting agent.

(hereinafter “instant joint project agreement”). Of the contents of the instant joint project agreement, the parts relating to the instant case are as follows:

(hereinafter referred to as “A”, “B”, and “B” (hereinafter referred to as “B”) ① Article 2(1) of the Act shall take overall charge of the project as the principal agent of the project, such as the selection, sale, and management of the project, and shall acquire shares of “H” and “I” of the purchaser of the site subject to purchase of the site subject to purchase.

(2) Eul shall pay the principal of the primary installment and interest for arrears for the purchase of the subject site, and the date of payment shall be the date the balance is paid to the Korea Housing and Land Corporation.

(3) Byung shall pay interest for arrears of down payment for the purchase of a target site, and the date of payment shall be the date the balance is paid to the Korea Housing Land Corporation.

(5) A shall pay B a fixed amount of KRW 00 million (including the principal of investment and interest in arrears) in the amount of a final profit when the settlement of business is settled.

(6) A shall pay C a fixed amount of KRW 100 million (including the principal of investment and interest in arrears) to C with the final profit at the time of settling the business.

(7) B and C shall be paid in lieu of lots, where 65% of the estimated sale price, except for a theater contract, has been sold in cash pursuant to a separate contract for sale management.

B. The Defendant is identical to E Co., Ltd. immediately after the conclusion of the instant joint project agreement.

유사 판례

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-대구지방법원 경주지원 2018.06.22 2017가합2090

-부산지방법원 2015.06.11 2013가합20819

-서울중앙지방법원 2014.02.07 2013가합10906

-서울동부지방법원 2016.11.17 2014가합107541