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(영문) 서울서부지방법원 2021.01.14 2018가합30191
정산금 등
Text

The defendant's KRW 700,000,000 to the plaintiff Eul, KRW 60,000 to the plaintiff Eul, and KRW 40,00,00 to the plaintiff C and each of the above money.

Reasons

1. Basic facts

A. The Defendant concluded an investment contract with Plaintiff B, C, and Plaintiff B, around October 2010, and around June 3, 2013, with respect to the development and sale of pre-sales for children, with respect to the pre-sales for the Plaintiffs (Plaintiff A, KRW 700,000, KRW 60,000, KRW 40,000 for Plaintiff B, and KRW 40,000 for Plaintiff C, respectively) with respect to the pre-sales for the pre-sales for the pre-sales for the pre-sales for the pre-sales for the Plaintiffs (hereinafter “instant investment contract”).

Article 11 [Termination of Contracts after Development] Gap (referring to the defendant) and Eul (referring to each plaintiff) may notify the other party of his/her intent to terminate the contract in writing where any of the following causes arises, and the contract shall be terminated immediately unless the other party has different opinions within one month after receipt of the other party's notice of intent to terminate the contract:

(2) Where A or B delegates or transfers all or part of the publication rights referred to in Article 4 above to another person without approval of the other party, or uses it for the purpose of security, in cases where he or she has delegated or transferred all or part of the publication rights referred to in Article 4 above without approval of the other party.

B. The instant investment contract includes the following:

(c)

The Plaintiffs paid each of the development costs under the instant investment contract to the Defendant, and the Defendant produced and published a child’s houses to develop the instant investment contract (hereinafter “instant house”), but did not settle the profits of the Plaintiffs under the instant investment contract.

(d)

On December 13, 2012, and August 14, 2013, the Defendant established a pledge on the right to property of the previous house to E and F, and on November 20, 2015, the right to property of the previous house was transferred to E and F on November 20, 2015.

E. The Plaintiffs, on December 8, 2017, are the Defendant’s instant investment contract.

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