logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2018.02.01 2017가합50907
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. Basic facts

A. On December 9, 2013, the Plaintiff entered into a partnership agreement with Defendant B to jointly promote apartment houses, commercial buildings, and officetels construction projects, real estate development projects, and sales agency projects, and to divide profits from each project into two parts (hereinafter “instant partnership agreement”). Defendant B, who is a partner of Defendant B, jointly and severally guaranteed Defendant B’s obligations against the Plaintiff under the instant partnership agreement.

B. Meanwhile, on February 10, 2014, the Plaintiff agreed to invest KRW 1.6 billion as business funds for the instant partnership agreement. If the Plaintiff fails to procure the said KRW 1.6 billion by September 10, 2015, the instant partnership agreement was null and void and pay KRW 500 million as losses (hereinafter “instant execution agreement”).

C. The Plaintiff and Defendant B, one of the projects under the instant trade agreement, was to construct and sell an officetel in the size of 6th, 15th, and 582 above the ground surface (hereinafter “instant building”) on the land in Seongdong-gu, Changwon-si (hereinafter “instant land”) in the name of Defendant D (hereinafter “Defendant Company”) in which Defendant B actually operated.

The Defendant Company purchased the instant land for the instant project on March 19, 2014, and completed the registration of ownership transfer with respect to the instant land under the name of the Defendant Company on March 21, 2014, and concluded a trust agreement with F Co., Ltd. (hereinafter “F”) on March 20, 2014, under which F would be entrusted with the instant land from the Defendant Company to carry out the new construction of the instant building, the procurement and execution of project costs, the sale of the instant land, etc. (hereinafter “instant trust agreement”), and completed the trust registration with respect to the instant land in the name of F in accordance with the instant trust agreement on March 21, 2014.

(e)F.

arrow