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(영문) 서울중앙지방법원 2018.11.08 2017가단5177157
약정금
Text

1. The Defendants jointly and severally against the Plaintiff KRW 120,000,000 and the Defendant B from February 14, 2017.

Reasons

1. Facts of recognition;

A. The Defendants, F, G, and H entered into a partnership agreement with the Defendants, and F, G, and H, on March 25, 2012, with the owner of the apartment house (F and G owned one/2 shares each of the above apartment house 202) located on the ground of 561 square meters in Gangnam-gu Seoul, Seoul, with the removal of the above apartment house on March 25, 2012, and newly constructed a building on the ground of the above land with the first floor, seven floors above ground, and the first floor above the rooftop (hereinafter “instant building”) to jointly carry out the business of selling in lots or leasing it (hereinafter “instant business”), and appointed F as the head of the association of the said reconstruction association (hereinafter “the reconstruction association of this case”).

B. On May 14, 2012, F registered its business with the trade name of “J”, “F and six business entities,” “real estate business”, “stores and long-term rental housing,” etc.

After that, F's shares were transferred to G, and the general partner of the reconstruction association of this case was changed to G on September 2012.

C. As H, a member of the instant reconstruction association, did not pay the amount of investment, etc., G and the Defendants, who are other members of the instant reconstruction association, agreed to file a lawsuit against H seeking payment of investment and loan. On January 2015, the Plaintiff entered into a delegation contract with the Plaintiff to delegate the said litigation to the Plaintiff, and agreed to pay 10% of the winning amount with the Plaintiff as the retainer fee and the contingent fee.

(hereinafter referred to as the “instant delegation contract”) D.

On March 16, 2015, the Plaintiff received KRW 5 million from March 16, 2015, to file the said lawsuit in the name of G, a general partner, G, and received a written trust of lawsuit in the name of the Defendants through K, a representative of the implementing company of the instant project. On April 7, 2015, the Plaintiff invested and contributed to H as Seoul Central District Court 2015Kahap524331.

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