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(영문) 서울고등법원 2019.06.26 2018나2054560
약정금
Text

1. Of the judgment of the court of first instance, the part on the claim for 200,000 won and damages for delay thereof shall be revoked, and the revoked part shall be revoked.

Reasons

1. Basic facts

A. The plaintiff, the defendant, and D's joint operation 1), the plaintiff, the defendant, and D's joint operation 1), the plaintiff, the defendant and the D's investment in the ratio of 1/3 of each of them around 2002, and the plaintiff, the defendant, and the neighboring land (hereinafter collectively referred to as

A) Purchase and joint management of the foregoing shares, and agreed to bear the costs of loans, interest, etc. and distribute profits, etc. according to the said shares (hereinafter “instant joint operation agreement”).

(2) On October 30, 2002, the Plaintiff, Defendant, and D acquired the ownership of the instant hotel under the Plaintiff’s name and operated it pursuant to the instant joint operation agreement. The Plaintiff was in charge of the operation and management of the hotel, the Defendant was in charge of the financial management of the hotel, and D was in charge of loan-related affairs.

3) At the time of the acquisition of the instant hotel, the Plaintiff, the Defendant, and D acquired a loan from the said bank in the name of the Plaintiff, instead of paying a part of the purchase price, for the former owner’s corporate F (formerly changed: G Company). In order to secure funds to remodel the said hotel, the Plaintiff, the Defendant, and D acquired an additional loan from the said bank in the name of the Plaintiff (hereinafter collectively referred to as “the instant loan obligation”).

B. B. B. Around 2009, the Plaintiff, Defendant, and D decided to sell the instant hotel in the situation that the instant hotel was not repaid with interest on the instant loan due to the poor operation of the hotel, and the Defendant and D delegated the Plaintiff to sell the instant hotel.

2) On December 4, 2009, the Plaintiff and C and I (hereinafter “C, etc.”) (hereinafter “C, etc.”)

A) The hotel sold the instant hotel to KRW 7.5 billion (a contract amounting to KRW 20 million, a balance of KRW 7.3 billion). At the time, C et al. decided to acquire the instant loan obligations in lieu of the payment of the balance (hereinafter “the first sales contract”).

The Plaintiff, etc., on December 15, 2009, KRW 190 million from C, etc., and KRW 10 million on December 18, 2009.

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