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(영문) 서울중앙지방법원 2016.06.17 2015가합4493
약정금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for 200,000,000 won and the period from September 16, 2014 to March 23, 2015.

Reasons

1. Determination as to the cause of claim

A. A. Around March 15, 2011, E, F and G entered into a joint real estate development agreement with G, Inc., which purchased KRW 8,797m2 and KRW 390m2,00,000,000,000,000 from J Jin-si, the E-owned land, and constructed and sell neighborhood living facilities on each of the said land (hereinafter “instant construction and sale business”); (b) J (hereinafter “J”) around May 201, entered into a business agreement with G to assign the rights and obligations of G related to the instant business; and (c) on June 15, 2011, the registration of ownership transfer was completed after purchasing KRW 8,797m2 and KRW 390,000,000,000,000,000,000,000,000,000,000,00,00.

H 8,797 square meters of H 8,797 square meters in Si-jin-si was divided into 7,683 square meters in Si-si on September 5, 201 and September 7, 2011; 34 square meters in L forest; 18 square meters in M forest, 939 square meters in N forest, and 123 square meters in O forest. Before I, 390 square meters in lots were divided into 121 square meters prior to I, 244 square meters in P, and 25 square meters prior to Q.

Among them, the remaining seven parcels of land, excluding 123 square meters of the O forest, shall be referred to as "H land, etc."

3 The plaintiff 2013,

6. On the 11th of the same month after accepting the GJ and becoming the representative director of the said company; Defendant D, as of September 30, 2013, has a claim on construction costs equivalent to KRW 892,395,701 with respect to the instant project to J; Defendant C, as of January 23, 2014, has a design cost claim equivalent to KRW 579,890,000 with respect to the instant project as of January 23, 2014.

4) On June 16, 2014, the Plaintiff entered into an agreement with the Defendants (hereinafter referred to as the “instant agreement”) stating the following terms and conditions, and was issued and delivered by the Defendants a letter of commitment (Evidence A 2; hereinafter referred to as the “instant letter of commitment”) stating the said terms and conditions by the Defendants. The name of the legal entity: The name of the legal entity: H-owned real estate display: the area of the land of the H-owned and six parcels outside the city of Chungcheongnam-do, Chungcheongnam-do: 2,806.9, the enforcement company of the instant agreement (hereinafter referred to as “A”).

K. as an architectural design firm

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