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(영문) 대구고등법원 2018.01.26 2016나24483
약정금
Text

1. The judgment of the court of first instance is modified as follows.

The defendant shall decide to the plaintiff 88,970,158 won and this decision.

Reasons

1. Basic facts

A. A. Around 2010, the Plaintiff agreed to promote the project jointly with the Defendant.

The business refers to the following: ① a commercial building (hereinafter referred to as “O”) on the ground of the land owned by a school foundation G (hereinafter referred to as “G”); ② a commercial building on the ground (hereinafter referred to as “H”) owned by a foundation M (hereinafter referred to as “H”); ③ a commercial building on the ground (hereinafter referred to as “ Q”); ③ a building on the land owned by a foundation, other than a P site owned by a foundation M (hereinafter referred to as “H”); and ③ a building on the land 290.9 square meters (hereinafter referred to as “S”) and a building on the ground (hereinafter referred to as “T”) owned by a school foundation G (hereinafter referred to as “G”); and

(1) The buildings mentioned above (3) are collectively referred to as "the buildings of this case".

On February 22, 2010, the Plaintiff entered into a contract with the Defendant and Nonparty C to carry out a joint project as follows:

The content of the contract is as follows: ① the Plaintiff, the Defendant, and C are in partnership with each other, and the said building is reconstructed by leasing it and sub-leaseing it; ② the Plaintiff purchased the instant building from the owners of the instant building on a double-lane basis and sells it to the buyers (hereinafter “instant project”); ② the Plaintiff shall invest KRW 130,000,000 in the Plaintiff, and KRW 100,000 in the case of C; and ③ the Defendant shall invest KRW 430,000 in the amount of KRW 430,000 in the amount of each investment; ③ the joint project proprietor shall distribute the remainder of the profit calculated by deducting the operating expenses from the revenue of rent, rent, and sales, at the ratio of Plaintiff 30, Defendant 40, and C30%.

(A) The purpose of this Arrangement, Article 1 (Purpose) of the Joint Project Agreement (Evidence A) is to carry on the project and to facilitate the project by clarifying the roles and responsibilities of the plaintiff, the defendant, and C by investing funds necessary for the project up to the present time in the Joint Project and by making clear the scope of the project of the plaintiff, the defendant and the defendant.

Article 2 (Opening of Business)

1. Name of business: Article 3 (Continuation of Business) of the first rental business and the second purchase and sale business after remodeling of the E market;

1. It is the primary objective business.

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