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(영문) 서울남부지방법원 2017.09.07 2016가합3998
약정금 등
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 320,000,000 and KRW 160,000,000 among them, from March 31, 2012.

Reasons

Based on the facts, Defendant B Co., Ltd. (hereinafter “Defendant B”) as the parties to the contract was changed from March 31, 2016 to B, and both before and after the change, Defendant B is a company that conducts the sales agency business of multi-family housing E in Busan Dong-gu, Busan (hereinafter “instant business”), and Defendant C is a person who operates Defendant B.

Mditi Co., Ltd. (hereinafter referred to as “Mditi”) is the executor of the instant project.

On October 24, 2011, the Plaintiff entered into an investment agreement between the Plaintiff and the Defendants with a view to investing KRW 160 million in the instant business selected by Defendant B as a sales agent (hereinafter “instant agreement”), and paid KRW 160 million to Defendant B on October 26, 201.

The main contents of the above agreement shall be as follows:

1) The Plaintiff shall make an investment of KRW 160 million. (2) Defendant C, the representative director of the Defendant B, is to pay KRW 160,000,00,000, which is part of the profit of sales agency fee, separately from the principal of the investment deposit.

3) If the contract after the open opening of the model house is completed within the preceding one month, it would be paid to the Plaintiff by the Defendant C, the representative director of the Defendant B, in addition to the above-term contract amount. 4) The repayment date of the above-mentioned amount shall be March 30, 2012, the principal amount of which is KRW 160,000,000,000,000,000,000,000,000 won on May 30, 2012.

On December 21, 201, the Plaintiff, who written the Plaintiff’s additional remittance and undertaking to Defendant C, remitted KRW 30 million to the Defendant C’s account.

1) On October 26, 201, 201, 160 million won (160,000,000 won) and 30 million won (160,000,000 won) other than 160,000 won (160,000,000 won) of the investment principal paid in KRW 16,00,000 of the investment principal, have been notarized and confirmed the contents thereof. (2) On December 21, 2011, 200, 30,000 won (30,000,000) were received, and the remainder of the investment principal was scheduled to be deposited.

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