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(영문) 대구고등법원 2017.08.16 2017나118
약정금
Text

1. The plaintiff's appeal is dismissed.

2. Upon the plaintiff's conjunctive claim added by this court, the defendant.

Reasons

1. The reasons why this court should explain is "1. Basic Facts" of the first instance judgment.

Except for the deletion of the second or third chapter “the receipt of KRW 222,500,00 from J”, it is identical to the part of the “basic fact” of the first instance judgment, thereby citing it as it is in accordance with the main text of Article 420 of the Civil Procedure Act.

2. Summary of the parties' arguments;

A. The plaintiff's assertion 1) around March 2009, the defendant proposed that "if the plaintiff bears real estate purchase fund, the defendant will sell the purchase fund after investing in the registration cost and development cost, and pay 1/2 of the purchase fund and profit immediately to the plaintiff after deducting the development cost, etc. invested by the defendant." The plaintiff accepted the above proposal and remitted the total amount of KRW 450 million to the defendant from March 11, 2009 to May 3, 2013, 2013. 2) The defendant purchased the above KRW 300,000,000,000,000,000,000 won, which was 450,000,000,000 won, and the defendant still purchased the above KRW 20,000,000,000,000,000,000 won, which was purchased in the company's name of KRW 9,500,00,000.

3) Even if the Defendant’s assertion that he paid KRW 70 million to the Plaintiff for the acquisition and development of the above four parcels of forest land, the Defendant returned only KRW 22589 million out of the real estate purchase fund to the Plaintiff, and did not distribute half of the profit margins on the said F and G parcels of forest land. Accordingly, the Defendant did not divide one-half of the profit margins on the said F and G parcels of forest land to the Plaintiff.

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