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(영문) 대구지방법원 2016.08.10 2016가단5860
약정금
Text

1. The Defendant’s KRW 47,00,000 as well as 6% per annum from January 2, 2013 to March 2, 2016 to the Plaintiff.

Reasons

1. On August 21, 2005, the Plaintiff entered into an investment agreement with the non-party sandd Co., Ltd. (hereinafter “non-party company”) as follows, and paid KRW 300 million as part of the investment amount to the non-party company on the same day.

- Contents of an investment agreement - Investment amount: 400 million won - Period of investment: Until August 1, 2006 - Use of investment amount: The non-party company shall purchase real estate with the above investment amount and conduct a multi-family housing business after completing the registration of establishment of a neighboring mortgage to the plaintiff, but if it is not a multi-family housing business, the above real estate shall be sold, and the above investment amount and surplus shall

- A surplus: A surplus shall be at least 20 million won.

After that, the Plaintiff paid 100 million won to the non-party company. The non-party company purchased the real estate listed in the separate sheet with the Plaintiff’s investment deposit and completed the registration of ownership transfer on August 30, 2005. The Plaintiff completed the registration of establishment of a mortgage with the maximum amount of KRW 500 million.

The non-party company did not refund the said investment amount and surplus to the Plaintiff even after the lapse of the investment period stipulated in the said investment agreement.

On July 10, 2012, the Plaintiff, the Nonparty Company, and the Defendant, instead of paying the above investment amount and the surplus debt to the Plaintiff by Nonparty Company, performed the procedures for ownership transfer registration on the real estate stated in the separate sheet to the Plaintiff, and the Defendant shall pay the Plaintiff KRW 47,00,000, and as follows, a notary public drafted a notarized deed No. 3032 (hereinafter “instant authentic deed”) on July 10, 2012.

- Contents of the notarial deed in this case - Principal: 47,00,000 won - The due date for payment: December 31, 2015 - The method of payment: 8,000,000 won on December 31, 2012: December 31, 2013; 13,000,000 won on December 31, 2014; 13,000,000 won on December 31, 2015; damages for delay - 6% per annum: If the Defendant delays payment once again, it does not have any different notice or peremptory notice from the Plaintiff.

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