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(영문) 서울중앙지방법원 2020.02.06 2019가단5055381
약정금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Judgment on the plaintiff's assertion

A. The plaintiff's assertion is as shown in the annexed sheet "the ground for claim".

In other words, based on Article 5(1) of the Agreement on April 1, 2008, the Plaintiff may sell eight parcels, such as Pyeongtaek-si C, to a third party. However, the gains from sale except for the portion of the Plaintiff and D Co., Ltd., should be returned to the Plaintiff and D. Therefore, the Defendant asserts that the Defendant is obligated to return the remainder, excluding the amount of repayment on behalf of the Plaintiff and D, and the financial expenses, from the sale price of the said eight parcels, to the sale, to the Plaintiff and D, and that the Defendant is obligated to return the remainder, excluding the amount of repayment on behalf

B. Comprehensively taking account of the overall purport of the pleadings in the evidence No. 1 to No. 5 (including the number of branch offices; hereinafter the same shall apply), No. 1 to No. 6, 8, 10, and 11, the Plaintiff’s husband E was at the risk of auction due to the Plaintiff’s transfer of ownership in the name of the Plaintiff and the above No. D, and upon request from the Defendant on April 1, 2008, the above eight parcels were leased KRW 3 billion in the name of the Defendant as collateral and repaid the secured obligation, KRW 1 billion was paid to the Defendant. The above agreement was concluded for two years after the contract, and was to be settled by the Plaintiff through E and the above D, and the Defendant agreed to pay the remainder of KRW 5 billion, KRW 500,000,000,000,000,000 won, KRW 500,000,000,000,00 won, KRW 418,000.

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