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(영문) 대구지방법원 2015.12.11 2014가합202527
약정금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On July 30, 2013, when the Defendant Company promoted a new urban-type residential house construction project on the 4th floor above the 2nd underground floor above the 3rd ground, including Daegu Suwon-gu C, the Defendant Company: (a) prepared a “Written Understanding on Investment in Construction Projects” (hereinafter “instant MOU”) with the following content between the Plaintiff and the Plaintiff, and agreed to return the total amount of KRW 500 million by adding the amount of KRW 200 million from the end of October 2013 to the amount of KRW 300 million from the Plaintiff.

(hereinafter referred to as “instant investment agreement”). Article 4 of the MOU of Construction Project Investment Understanding (Return of Principal and Distribution of Profit)

1. The plaintiff shall return the principal of the investment money in accordance with the following schedule:

- 500 million won - The full amount after sale shall be refunded until the completion of October 2013.

2. The Defendant Company shall pay to the Plaintiff the amount of investment and proceeds as completion loans at the present site at the time of failure to return them by the deadline set forth in Article 4(1) above.

Article 7 (Matters of Special Agreement) In addition to the above general provisions, the plaintiff and the defendant shall determine the following matters as the special agreement, and if the special agreement conflicts with the main sentence, it shall apply thereafter in preference to the special agreement:

1.No amount subsidized other than for the purposes of the above construction shall be used.

3. Where profits from sale occur before completion, financial rights loans shall be repaid immediately after excluding such loans.

Special Agreement: Deposit in the E (Representative D) of part of the funds;

B. In accordance with the instant investment agreement, the Plaintiff granted to the Defendant Company KRW 130 million on July 31, 2013, KRW 20 million on August 19, 2013, KRW 70 million on August 19, 2013, and KRW 300 million on September 2, 2013.

C. Since then, the Defendant Company paid to the Plaintiff KRW 10 million on October 30, 2013, ② KRW 3 million on November 20, 2013, ③ KRW 5 million on November 26, 2013, ④ KRW 10 million on November 29, 2013, and ⑤ KRW 200 million on January 14, 2014, respectively.

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 3, Eul evidence 5, Eul evidence 4-1, Eul evidence 4-2, the purport of the whole pleadings

2. The Parties’ assertion.

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