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(영문) 의정부지방법원 2017.07.12 2016가합1165
정산금
Text

1. All claims filed by the Plaintiff (Counterclaim Defendant) and the counterclaim claims by the Defendant (Counterclaim Plaintiff) are dismissed.

2. The principal claim.

Reasons

1. Basic facts

A. On September 19, 2008, the Plaintiff and the Defendant continued to undertake the business of newly constructing and selling neighborhood living facilities by purchasing land for neighborhood living facilities in the Namyang-si, Namyang-si, and drafted the following agreements (hereinafter “instant agreement”).

A (Defendant) B (Defendant) A (Plaintiff)

1. The amount of debt that Eul is obligated to pay to Gap shall be the total of 1150 million won as of September 19, 2008, and Eul shall confirm that there is no objection against the following obligations:

(1) KRW 150 million: The amount borrowed by Eul as security from among the pre-sale price for the pre-sale facilities of the neighborhood; ② KRW 50 million: The amount borrowed by Eul out of the pre-sale price for the pre-sale facilities of the neighboring facilities; KRW 200 million; the amount used by Eul out of the pre-sale price for the pre-sale facilities of the neighboring facilities; KRW 100 million; the amount used by Eul out of the proceeds from the sale of the pre-sale rights for the pre-sale facilities of the neighboring facilities; KRW 190 million; the amount seized by Eul on the pre-sale facilities (No. 16) owned by Eul due to personal borrowing to a third party.

2. Eul waiver of Eul's rights due to the amount of debt to be repaid to Gap, due to the amount of debt to be repaid to Gap, the co-execution of the living facilities under the original agreement between Gap and Eul is under progress. Eul waives all the rights (including the right of parcelling-out) to the living facilities from the date of signing and sealing this Agreement, and delegates it to Gap and then settle it later.

3. A and B shall settle 50% of the proceeds from all taxes and public charges, excluding taxes and public charges, after completion of the sale of continuing facilities by E and after completion of the sale of continuing facilities.

However, with respect to the unpaid amount of claims of Gap after settlement, it shall be substituted by transferring the whole rights to the E apartment of the Da in the Yan-si and other E apartment after the settlement of accounts to Gap.

4.(1) Other (Omission) (2) The interest rate of 2% per month on the amount of claims to be repaid to A from the date of preparation of the written agreement shall be paid to A, and the unpaid agreement shall also be settled in the future from May 2008 at the rate of 12 million won.

B. The defendant on May 1, 2009

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