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(영문) 서울중앙지방법원 2016.08.17 2015가합582900
약정금
Text

1. Defendant A shall pay each of the Plaintiffs listed in the “owner” column in the attached claim amount table in attached Form 2, with 3% fee of 2-year fee.

Reasons

1. Facts of recognition;

A. On July 20, 2007, the Defendants entered into a land trust contract with the Korea Asset Trust Co., Ltd. (hereinafter “Korea Asset Trust”) and the Seoul Yeongdeungpo-gu Seoul Metropolitan Government and D Ground E Ground Building (hereinafter “instant commercial building”). As to the construction and sale of the instant commercial building, Defendant A, the implementer of the construction and sale business of the instant commercial building, entrusted the land located in the instant commercial building and the instant commercial building to Korea Asset Trust, and Defendant B Co., Ltd (hereinafter “Defendant B”) (hereinafter “Defendant B”) entered into a land trust contract with the content that the said trust property will be sold in lots and managed on the terms and conditions stipulated in the business plan.

B. On November 6, 2007, Defendant A demanded the buyer of the instant commercial building to consent to the conversion of the fee store to the store store (the store in this case is jointly leased the store owned by the buyer to the lessee, and the fee is deducted from the sales management expenses, personnel expenses, advertising expenses, various public charges, corporate tax, etc.). Defendant A demanded that the buyer of the instant commercial building agree to the conversion of the fee to the store store (the store in which the buyer pays the fee to the buyer according to the business profit calculated after deducting the sales management expenses, such as management expenses, personnel expenses, advertising expenses, various public charges, corporate tax, etc.). Defendant A notified that the maximum return rate of 3% of the seller’s profit for two years from the starting date of the business of each of the above stores is expected to be paid (the payment security when the profit rate of 3% is below the profit rate). The part of the number of the store in this case consented to the Defendant A’s proposal.

C. The agreement between Defendant A and Defendant B on the repayment of the construction cost of the instant commercial building operator F and Defendant B between the parties.

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