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(영문) 서울중앙지방법원 2020.10.22 2018가합589803
약정금
Text

1. Defendant (Counterclaim Plaintiff) Company B and Defendant C jointly and severally with the Plaintiff (Counterclaim Defendant) amounting to KRW 300,000,000 and this amount.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. (1) Around March 2017, Defendant B Co., Ltd. (hereinafter referred to as “Co., Ltd.”) completed the registration of ownership transfer on the land Kimpo-si (hereinafter referred to as “instant project site”) and completed the registration of ownership transfer based on trust in Kimpo-si, and promoted the instant project to newly construct and sell officetels in the instant project site (hereinafter referred to as “instant project”).

Defendant C is the representative director of Defendant B, and Defendant B’s auditor F was in practical charge of his duties.

In addition to the instant project, Defendant B also promoted the construction and sale of the main complex building in the G land in Kimpo-si, Kimpo-si (hereinafter “G implementation project”).

(2) On August 2017, Defendant B became aware of the financial supervisor for the instant project and G implementation project, and entered into a financial advisory agreement with H on the ground that Defendant B was aware of the first vice-chief of H (hereinafter “H”) who was aware of the financial supervisor for raising funds for the G implementation project.

(see evidence 2). (b)

On September 1, 2017, Defendant B and the Plaintiff came to know of the Plaintiff through the introduction of I, and concluded a construction contract between the Plaintiff and the Plaintiff on September 1, 2017, under which the construction period was 24 months from the commencement date of construction, the contract amount was 27.39 billion won, and the contract amount was 27.39 billion won, and the construction contract was concluded for the construction of 5 stories below the total floor area of 20,226.93 square meters and 16 stories

(hereinafter referred to as the “instant construction project” or “instant construction contract,” and subparagraph (c) of this Article.

Defendant B and J notified Defendant B of the termination of the financial consulting agreement that it concluded with Defendant B and H, and entered into the loan type land trust agreement with the trust company K and the Si CorporationJ on September 12, 2017 regarding the instant project.

(See evidence No. 5). (2) Defendant B, September 29, 2017, for 25 months from the date of commencement of the construction period to J on September 29, 2017, and for 29,075,816.

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