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(영문) 춘천지방법원속초지원 2020.05.07 2018가합200593
약정금
Text

1. All of the plaintiff's claims are dismissed.

The plaintiff's claim of this case is one, the primary cause of claim, Nos. 1, and 1.

Reasons

1. Basic facts

A. Defendant’s construction of marina community facilities, etc. 1) Defendant and C are as follows: (a) Sinchosisisisi, E, F, G, H, I (hereinafter “instant land”).

3) On the ground, Empt neighborhood living facilities (hereinafter “instant building”).

(2) At the time of the said agreement, only a part of the instant land was owned by the Defendant and the remainder was owned by a third party. In the process of construction of the instant building, the Defendant received a loan under the name of the Defendant and purchased the remaining land.

3) According to the building ledger of the instant building issued as of April 24, 2018, issued as of January 5, 2015, the instant building commenced on January 5, 2015 and obtained approval for use on June 10, 2015, and the owner of the instant building and the owner of the real estate registration injury are the Defendant. (b) The building owner and the owner of the instant building were the Defendant. Since the completion of the instant building, such as registration of the business concerning marina in the instant building, etc., they moved in a marina (hereinafter “instant marina”).

3) As to the instant marina, the Plaintiff’s business registration under the name of the Plaintiff, which made the trade name “J” (hereinafter “business registration under the name of the Plaintiff”).

) Business registration under the name of the defendant with the name of "K" (hereinafter referred to as "business registration under the name of the defendant of this case").

(C) On December 11, 2017, the Plaintiff prepared an explanatory note with the following contents to the Defendant on December 11, 2017.

The name of each legal person who is not more than the above letter: J representative: the plaintiff

1. At the same time closing J as of December 4, 2017, the said person waives all the rights and powers and does not make any request to K (Defendant) thereafter;

2. If a cause attributable to each of the clerks arises, each of them shall be responsible and shall not file a civil or criminal objection.

3. After the J closed-end (after December 4), the amount of the difference shall be settled after checking the amount of the credit card and credit balance approved through spos deposited in the Plaintiff’s passbook.

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