(영문) 대구지방법원 2016.07.21 2015가합1448

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(영문) 대구지방법원 2016.07.21 2015가합1448

약정금

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a person engaged in camping ground construction business and other goods sales business in Daegu as the trade name “C”.

B. Around May 2013, the Plaintiff entered into a contract with Da (hereinafter “D”) for the installation of 14 glamping lines (hereinafter “instant glamping”) on the site of the Fluging Ma located in Chungcheongnam-gun, Chungcheongnam-gun, U.S., and completed the construction by July of the same year, but did not receive construction cost of KRW 160 million from D.

C. For the payment of the above construction cost, around July 1, 2013, the Plaintiff entered into a revised construction contract with D to the effect that: (a) the Plaintiff would receive sales revenue generated from the operation of the glamping in writing until the Plaintiff fully pays the construction cost of KRW 160 million; and (b) the Plaintiff would pay only 50% of the sales revenue to D; and (c) would cover the remainder for the construction cost.

On May 21, 2014, the Plaintiff entered into a contract with the Defendant to transfer all facilities and beneficial rights related to the glamping of this case owned by the Plaintiff to the Defendant (hereinafter “instant contract”) upon introduction of the Defendant through G, the representative director of D, and the main contents thereof are as follows.

1. The Plaintiff and the Defendant entered into an agreement with the Plaintiff on KRW 50,000,000 for the total amount of 14 vehicles for Flugical lamps, and the Defendant paid KRW 10,000,000 in cash to May 17, 2014, and the remainder of KRW 40,000,000 shall be paid until September 30, 2014.

2. The Defendant is divided into the Plaintiff with an agreement on the rate of return on the sale of glamping by September 30, 2014) in full payment of the glamping price.

(b)

4. The Defendant may not raise an objection at the time of dissolution of the facility simultaneously with the invalidation of the contract if the Plaintiff is unable to complete the contract by September 30, 2014.

E. Meanwhile, G is worth KRW 10 million, May 17, 2014, prior to the conclusion of the instant contract.

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