(영문) 서울중앙지방법원 2016.10.11 2016가합512243

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(영문) 서울중앙지방법원 2016.10.11 2016가합512243

양수금

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. Contract 1 between the Defendant and Yangyang-dong Co., Ltd. (hereinafter “instant project”) is a new construction and sale project in Yongsan-gu Seoul Metropolitan Government, Yongsan-gu, Seoul. (hereinafter “instant project”).

On April 1, 2008, the Defendant, the executor of the company, changed its trade name into that of the same corporation (hereinafter “stock company”) on July 27, 201.

hereinafter referred to as "Dongyang"

(2) On March 19, 2009, a contract was concluded to change the supply price of KRW 43 billion to KRW 19.5 billion (hereinafter “instant contract”). On December 30, 201, a contract was concluded to change the supply price of KRW 25.3 billion (hereinafter “instant contract”) to KRW 19.5 billion (hereinafter “instant contract”).

2) The main contents of the instant contract and special agreement are as follows: (A) the Defendant secure the project site; (b) arranges the financial institution for the marketing; (c) guarantee the repayment of the principal and interest of the PF loan; and (d) guarantee the repayment of the principal and interest of the PF loan; and (e) temporarily lends the amount of KRW 3 billion to the Defendant before the withdrawal of the PF loan; and (c) perform the instant construction.

C) Sales revenues, etc. shall be managed through trust companies, and the funds shall be executed through consultation with the defendant and Dongyang. 3) On the other hand, the defendant and Dongyang entered into a project agreement and a basic agreement for the modification of the construction contract (hereinafter “instant amendment agreement”) on November 25, 2009, and the main contents thereof are as follows. (A) Future design and supervision services will run as follows. (b) Sale prices are set at sales prices and the selection of sales agents will run as sales agents.

C. In relation to the amount of the obligation to supplement the funds implemented on October 20, 2009, the amount of the obligation to supplement the funds in the future, and the loan to the defendant, the amount shall be the same as the business profit.

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