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(영문) 서울남부지방법원 2020.10.08 2019가단20317
약정금
Text

The plaintiff's claim against the defendants is dismissed in entirety.

Costs of lawsuit shall include costs for assisting.

Reasons

1. Basic facts

A. On April 30, 2008, the Plaintiff prepared an annual salary contract with the limited liability company F (hereinafter “F”) to receive KRW 60 million per annual salary, and entered into a business agreement with F on June 18, 2008 with the following contents.

When the plaintiff directly attracts investors (the first generation), the F shall pay 10% of the total amount of the investment made by the investor.

When the plaintiff attracts indirect investors (up to two investments), F shall pay 25% of the total amount of 10% under paragraph (1).

such an investor shall only be selected by the F.

B. In addition, on August 5, 2009, the Plaintiff drafted a contract with F as follows:

Section 1 (Purpose) The purpose of this Agreement is to reasonably process the contractual terms entered into between F and G on July 2, 2008.

Article 2. (Involving and Liability)

1.F shall pay the Plaintiff KRW 250 per square meter 1 square meter to Hmi Military Base Reclamation Works and other works.

Article 2 Defendant D shall pay the Plaintiff 150 won of the 1ston per capita to the U.S. military base reclamation works and all other construction works.

2. In recognition of the Plaintiff’s contribution to attracting investment (1 billion won), Defendant D shall pay 48 square meters for the removal and all construction works and the receipt of advance payments.

3. When Defendant D receives advance payments from the Plaintiff, Defendant D shall pay incentives under mutual agreement from April 1, 2008 to the time the advance payment from April 1, 2009 was made.

(2) 4. When Defendant D establishes a new corporation for execution of reclamation works and other construction works, Defendant D will pay 10% of its equity interest to the Plaintiff.

Article 4 This Agreement shall be legally dealt with within the scope of the succession agreement drawn up on August 5, 2009 by agreement between Defendant D and the Plaintiff.

C. After that, on November 12, 2009, the Plaintiff entered into a business contract with Defendant D with the following content.

On the other hand, on September 5, 2019, Defendant B filed a mining right with the HU Military Base J, K, and L mining area.

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