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(영문) 울산지방법원 2016.02.17 2014가단34125
약정금
Text

1. The Defendant’s KRW 80 million with respect to the Plaintiff and 20% per annum from January 1, 2015 to September 30, 2015, and the following.

Reasons

1. Determination as to the cause of claim

A. 1) The Plaintiff, while establishing a factory in Ulsan-gun, Ulsan-gun, Ulsan-gun, 6,848 square meters, etc. on around 2008, purchased 4 square meters, etc. among D 96 square meters (the part among them was purchased by the representative director E.).

) Access roads from a public road to a factory (hereinafter referred to as “one road”)

2) The Plaintiff established an access road up to the administrative Dong in the factory (hereinafter referred to as “two roads”) by purchasing an additional area of 519 square meters, etc. in Ulsan-gun, Ulsan-gun, as a result of the construction of an office building on the left side of the factory.

2) On October 7, 2008, the Defendant planned to establish a factory in Ulsan-gun G field 2,539 square meters, etc. However, in order to secure access roads necessary therefor, on October 7, 2008, the Defendant made the following agreements with the Plaintiff (hereinafter referred to as “the first agreement”) and drafted the evidence No. 4 agreement.

- The Defendant calculates the Plaintiff’s purchase cost of KRW 140 million, KRW 10 million, KRW 260 million, KRW 200 million, and pays KRW 200 million ( KRW 130 million) equivalent to KRW 1/2 of the Plaintiff’s purchase cost of KRW 100 million, and purchases KRW 50 percent of KRW 100,00 from the Plaintiff.

- The Plaintiff and the Defendant jointly purchase the area of 203 square meters prior to Ulsan-gun H (hereinafter “H land”).

3) On November 13, 2008, the Defendant made an arrangement to revise or correct the content of the first agreement with the Plaintiff on November 13, 2008 (hereinafter the second agreement) as follows:

A) A and written an agreement on the instant settlement amount of KRW 200 million (hereinafter referred to as “the instant settlement amount”) equivalent to 1/200 of the costs of opening the Plaintiff 1 and 2 copies. - The Defendant is the Plaintiff.

on November 13, 2008, KRW 30 million, KRW 70 million on December 24, 2008, KRW 50 million on January 30, 2009, and KRW 50 million on February 30, 2009.

- If the Defendant paid to the Plaintiff all of the instant settlement amount of KRW 200 million, the Plaintiff permits the Defendant to use 1 and 2 copies.

- H Land shall be purchased jointly through consultations subsequently.

The defendant, pursuant to the second agreement, on November 13, 2008, KRW 30 million out of the instant settlement amount, and January 15, 2009, pursuant to the second agreement, to the plaintiff.

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