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(영문) 대구지방법원포항지원 2013.11.21 2012가합2229
약정금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff’s assertion that: (a) the Defendant refused to sell the 665.8 square meters of the Northern-gu Daehan owned by C Co., Ltd. (hereinafter “C”); (b) thereby C paid additional costs of KRW 401,704,709 to financial institutions; and (c) 27,300,000, an individual benefit of KRW 200,000, out of the above 4th floor of the E-owned building owned by C.

Therefore, the defendant should return to the plaintiff the half of the above sum amount of KRW 214,502,354 [=(27,300,00 won) x 1/2] and damages for delay.

2. Determination 1) The Plaintiff and the Defendant jointly establish C with respect to the allegation on the above D land. The Plaintiff’s director and the Defendant, the representative director of C, are free to dispute between the parties, or may be acknowledged by the statement of evidence No. 14-2. However, the Plaintiff’s assertion that the Defendant refused to sell the above land and thus, corresponds to the fact that C has spent additional costs and the Defendant acquired unjust enrichment is consistent with the fact that C acquired unjust enrichment, is difficult to find that each of the above evidence No. 14-1, 8, 26, 40, and 17-15 of the evidence No. 14-14 of the Plaintiff’s unilateral assertion, as the application form for the suspension of the execution of duties and the provisional disposition form for the appointment of acting person, the preparatory document, the complaint form, or the examination form of evidence No. 1 to 3, 53 of the evidence No. 9-1, 7-1, 8-2, 14-17, and 17 of the Plaintiff’s evidence No.271.

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