logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원고양지원 2016.01.13 2015가합71825
약정금
Text

1. Defendant B’s KRW 1,167,50,000 as well as 5% per annum from August 19, 201 to April 9, 2015 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On January 21, 1999, the Plaintiff entered into a partnership agreement with Defendant B on the mine development project (hereinafter “instant partnership agreement”) and invested considerable funds in the said project. When the progress of the project for the development of the Republic of Korea mine was impossible, Defendant B demanded the return of the investment amount. Defendant B, who decided to return part of the investment amount to the Plaintiff, made a statement of payment in several times on July 26, 2003, and written and delivered a letter of commitment (hereinafter “instant letter of commitment”) with the following contents.

Of the eight months of the payment promise promise, five million won in September, five million won in September, whichever is five million won in September, and five million won in November, whichever is five million won in November, one hundred million won in December, whichever is about one hundred million won in December, shall be remitted each month from January to December, 2004.

B. From August 6, 2001 to August 18, 2011, Defendant B paid a total of KRW 150 million to the Plaintiff over several times.

C. Meanwhile, on March 4, 1999, Defendant B completed the registration of ownership transfer as stated in the purport of the claim on February 26, 1999 with respect to each of the instant real estate owned by Defendant B to Defendant C, one of his wife, as to each of the instant real estate.

On February 18, 2009, Defendant C completed the registration of the right to claim transfer of ownership on February 13, 2009 to Defendant D, one of his own care (the wife of Defendant C C) as stated in the purport of the purchase and sale reservation.

[Reasons for Recognition] Unsatisfy, Gap evidence 2 through 21 (including satisfy number), Eul evidence 1, the purport of the whole pleadings

2. Determination as to the claim against the defendant B

A. According to the above facts of determination as to the plaintiff's assertion of the cause of claim, the defendant Eul should pay to the plaintiff the sum of KRW 1.32 billion (2 million (2 million to August 2003) and KRW 5 million (5 million to September 2003) (5 million to September 2003) (10 million to October 2003) (1.2 billion to December 2003).

arrow