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(영문) 대구지방법원김천지원 2017.08.25 2015가합15606
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 February 16, 2014, the Plaintiff: (a) proposed that “On investment of KRW 650 million in the purchase cost of the housing site of the Gyeongbuk-gun D D D D D, Gyeongbuk-do, the Plaintiff would pay KRW 250 million in the investment principal and the profits of KRW 250 million as the Plaintiff newly constructed the housing and undergo the completion inspection; (b) around that time, the Plaintiff paid KRW 650 million to C; and (c) drafted a funding contract with C on April 16, 2014, with the following content.

Section 1 (Purpose) The purpose of this Agreement is to contribute to the investment of funds and to regulate the contents relating to the collection of funds for the purpose of supporting C’s business activities.

Article 2 (Investment Money) The amount invested by the Plaintiff to C in this contract shall be KRW 650 million per day.

Article 3 (Methods of Redemption)

1. The principal of the investment funds under Article 2 shall be repaid by cash transfer to the plaintiff's account by the following methods:

1) Repayment: Repayment after completion of the project (including investment earnings) of KRW 900 million.

B. On February 19, 2014, C purchased in the Plaintiff’s name 1 billion won a 100,000,000 square meters for Dagdong-gun E, 1048.2 square meters and 335 square meters for F.35 square meters (hereinafter “each land of this case”). On April 24, 2014, C entered into a business registration with a trade name “H” in the name of pro-friendly G in the name of the Plaintiff, and ordered the Defendant to undertake a pel construction project among construction works for constructing a multi-household house and a smoke house on each land of this case.

C. On August 2014, C suspended subsequent construction due to the shortage of funds after completion of the pelvis construction, and on October 2014, the Plaintiff, Defendant, and C drafted a written confirmation as follows.

The indication of real estate: In executing the construction of a studio studio on the land above each of the instant real estate, H and the Defendant (I) confirm that they agree as follows:

1. The Defendant shall be responsible for and execute the construction works on the attached list among the above real estate-based lending and the studio construction works, and the construction cost on the attached list shall be paid in advance by the Defendant.

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