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(영문) 서울중앙지방법원 2017.03.30 2016가합553916
약정금
Text

The defendant shall pay to the plaintiff A KRW 1,400,000,000 and the interest rate shall be from August 24, 2016 to the day of complete payment.

Reasons

. As the Plaintiff Company prepared a project implementation plan, the implementation plan was renewed once on November 20, 2013.

On the other hand, Article 3(6) of the renewed contract(Article 3(5) of the renewed contract(Article 3(6) of the renewed contract(Article 3(5) of the renewed contract) provided that "the plaintiff company shall perform all business affairs concerning sale."

C. On December 30, 2014, F Co., Ltd. (hereinafter “F”) paid the down payment for the instant project site that the Defendant had failed to pay, such as preparing a letter of performance of the guarantee of the right to sell lots, and thereafter, the Defendant newly concluded a joint project implementation agreement with F and the instant project site.

After June 9, 2015, the Defendant drafted a performance note to Plaintiff B, which is the following.

The Songpa-gu Gabletel 619 Officetel 200 general sales rights shall be guaranteed to B, except for the portion of the members already designated among the 619 office sales rights.

- D - Fees: 4% (which shall be subject to consultation with the Corporation, and shall be subject to consultation with the Corporation) after subscription, the allocation of housing units shall be held thereafter.

* On June 23, 2015, the draft written agreement issued by the executor of the partnership with the head of the partnership prepared a document designating 200 units of the instant officetel under the title “the number of units of 8-1BL officetels 200” with the preliminary Plaintiff B, which read “the number of units of 8-1BL officetel 200”. The details of the head office designated in this document are as shown in the items of “the head office” in the separate sheet and the sales price list.

After the completion of the project, F, around July 2015, entered into a contract for construction works with the Daewoo Construction Co., Ltd. (hereinafter referred to as “Treatment Construction”) and the instant officetel, delegated the sale of the instant officetels at the same time. Accordingly, treatment construction is above C.

The office of housing unsold in lots, including 200 rooms designated in the documents described in the paragraph, was sold in lots.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 5, Eul evidence Nos. 1, 2, 3, and 8, the purport of the whole pleadings, and the plaintiff company.

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