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(영문) 의정부지방법원고양지원 2016.06.10 2015가합74275
정산금
Text

1. The Defendants’ respective KRW 29,597,520 to Plaintiff A, and Defendant C with respect to each of the said KRW 30,54,534 to Plaintiff B, respectively.

Reasons

1. The parties' assertion

A. The Defendants asserted that they were liable to pay the Plaintiffs the settlement amount according to the ratio of their respective investment funds among the remainder after deducting various expenses from the said sales amount, since the holders of bank accounts in which the money received and sold each real estate listed in the separate sheet Nos. 1 through 10 were the parties to an investment agreement to settle the said sales amount with the Plaintiffs.

B. Defendant C, D, and E’s assertion concluded an investment agreement with Defendant C, D, and E on the sales price of each real estate listed in the separate sheet. As such, Defendant C, D, and E (hereinafter “Defendant C, etc.”) who is not a party to the said investment agreement does not have an obligation to pay settlement money to the Plaintiffs. Even if Defendant C, etc. is liable to pay settlement money to the Plaintiffs, the amount of the investment funds offered from the Defendants is KRW 750,000,000, which is larger than KRW 660,000,000 as claimed by the Plaintiffs, and the amount of the investment funds offered from the Defendants is below KRW 90,000,000,000 as claimed by the Plaintiffs, or KRW 250,000,000 or KRW 30,000,000 as well as KRW 80,00,000 as well as KRW 10,00,000 as well as KRW 80,00.

2. Determination

A. There is no dispute between the Plaintiffs and Defendant F and H as to the Defendants’ obligation to pay the settlement payment for the instant sales price.

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