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(영문) 서울중앙지방법원 2015.09.18 2014가단187103
위약금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. 1) Claim construction, such as entrustment contract for business funds between the parties, is a new construction and sale of apartment units with 347 households at Kimpo-si C in Kimpo-si (hereinafter referred to as the “instant project”).

A) Around 2010, the instant project was suspended at the rate of 80.02% due to the nonperformance of the construction project. On December 7, 2012, the project was scheduled to proceed with the instant public auction procedure. 2) The Defendant consulted with the Plaintiff on the financing scheme necessary for the acquisition and sale of the instant project.

On October 4, 2012, the Defendant concluded an entrustment contract requesting the Plaintiff to borrow KRW 112 billion (hereinafter “instant entrustment contract”) as follows.

(A) The purpose of the instant consignment contract is to stipulate the terms and conditions of the procedure when the Defendant entrusted the Plaintiff with all business of borrowing business funds (Article 1(b) of the contract). If the Plaintiff borrowed the business funds of KRW 112 billion after collecting and preparing data necessary for assessing the propriety of repayment after borrowing the business funds of this case and then deposits the Defendant’s representative to D Co., Ltd. (the special purpose corporation established on September 2012 for the instant business), the Defendant will pay KRW 2.8 billion to the Plaintiff.

(Contract Nos. 2, 3, and 5). When repaying the principal and interest of the loan, the Defendant agreed to pay the Plaintiff the contingent fee of KRW 2.8 billion.

(C) If the purpose of the instant consignment contract is not reached due to the Defendant’s fault, 5.6 billion won shall be paid to the Plaintiff (Article 7(2)3 of the Contract). The Defendant entered into the instant consignment contract, and issued promissory notes with a face value of KRW 5.6 billion at face value, along with a letter that the Plaintiff shall enter into the instant consignment contract and shall perform the relevant service cost and penalty.

B. 1) The Defendant prepared KRW 500 million to establish a company to carry out the instant consignment contract. 2) The Plaintiff is a building located in Gangnam-gu Seoul, Seoul, on October 9, 2012.

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