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(영문) 광주고등법원 2019.05.17 2018나24997
약정금
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1. Of the judgment of the court of first instance, the part concerning the principal lawsuit shall be modified as follows.

The Defendant-Counterclaims (Counterclaims) are:

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On October 5, 2016, the Plaintiff completed the registration of ownership transfer for each real estate listed in the separate sheet No. 1 (hereinafter “each of the instant real estate”) on September 23, 2016. At the time, each of the instant real estate was possessed by the Defendants.

B. On October 10, 2016, the Plaintiff entered into an agreement with the Defendant Company on the following terms and conditions (hereinafter “instant agreement”). Defendant C guaranteed the Defendant Company’s obligation to the Plaintiff in accordance with the instant agreement.

The purpose of this Agreement, for the purpose of Article 1, is to facilitate the promotion of the project and to promote mutual benefits by specifically prescribing mutual roles, duties, etc. in promoting the tentative "I building" project of each real estate of this case.

Article 2. Contract Price Claim (Lien) of Party A: 1.3 billion won and the roles and duties of each party under Article 3.

1. The Plaintiff shall pay KRW 70 million to the Defendant Company upon entering into this Agreement.

2. The time of payment for the intermediate payment of KRW 430 million shall be paid when the Defendant Company affixed a seal on the Plaintiff’s project owner’s change consent form, and the Defendant Company shall transfer the possession within the project site within two months.

3. The secondary payment period of an intermediate payment of KRW 600 million shall be paid immediately when the design change, supervision group, and change of construction works, etc. in the main project site are completed;

4. The balance of KRW 200 million shall be paid within two months after the conclusion of this Agreement.

C. On October 12, 2016, the Plaintiff was transferred from the Defendants the name of the owner of the building permit listed in attached Table 2 (hereinafter “instant building permit”) in accordance with the instant agreement.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 4, 5, 6, and Eul evidence No. 1 are numbers.

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