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(영문) 서울서부지방법원 2019.06.13 2018가합38522
약정금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The Defendant Company B (hereinafter “Defendant Company”) whose representative director is Defendant C (hereinafter “Defendant Company”) newly built and sold an urban-type residential house (299 households) and an officetel (240 rooms) on eight parcels, such as Seongbuk-gu Seoul, Seongbuk-gu, Seoul, with three underground floors, 17 floors above ground, and 17 floors above ground (hereinafter “instant project”).

B. After completing the construction deliberation on the instant project on January 2015, the Defendant Company became aware of the Plaintiff working as the director of the company’s customer headquarters’s construction chemical customer team in charge of corporate customer 3 in E (hereinafter “E”), and subsequently filed an application for the chief of the competent jurisdiction over E through the Plaintiff.

C. On January 20, 2016, the Defendants drafted a written confirmation (hereinafter “instant confirmation”) with the name of F, the Plaintiff’s wife, in the name of F, as the Plaintiff’s wife.

Written Confirmation

1. In the event of the occurrence of ordinary interests in connection with the instant project, Defendant C and the Defendant Company shall pay 2 billion won to F, without any conditions of joint responsibility, in cash.

2. The payment shall be made within 30 days after the settlement of business; and

Provided, That where the ordinary benefits are received in full early, it shall be immediately executed and where only a part of the ordinary benefits is received early, it shall be paid after mutual consultation.

3.The disbursement of ordinary profits shall include all the profits relating to the Project (including any sale in whole or in part of the Project).

4. The Defendants shall pay to F within 30 days after the business accounts are settled, and if payment is delayed from the date of settlement, the Defendants shall pay to F 20% interest per annum in excess of 2 billion won, and if payment is delayed within 3 months after the business accounts, the Defendants shall be liable for all civil and criminal charges against F.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, and 11, the purport of the whole pleadings

2. The parties' assertion

A. The summary of the Plaintiff’s assertion.

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