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1. Of the part against Defendant B in the judgment of the court of first instance, the Plaintiff is against the money that orders payment below.
Reasons
Basic Facts
On October 14, 201, Defendant B and H entered into a sale-type land trust agreement (hereinafter “instant land trust agreement”) with Korea Land Trust Co., Ltd. (hereinafter “Korea Land Trust”) whereby each land owned by Defendant B and H located in Seocho-si is constructed and sold in trust with Korea Land Trust (hereinafter “instant project”), and 57.5% of its profits to Defendant B, and the remaining 42.5% of its profits to be distributed to H.
On September 6, 2011, Defendant B entered into a profit distribution agreement with J and K on September 6, 201 with respect to the profits that Defendant B would have received from a land trust in Korea as follows:
(hereinafter referred to as “the instant profit distribution contract” and “the instant claim against Defendant B under J under the profit distribution contract” (hereinafter referred to as “the instant claim for profit distribution”). The profit distribution contract B (hereinafter referred to as “A”) and J (hereinafter referred to as “B”) and K (hereinafter referred to as “A”) enter into a profit distribution contract as follows:
Section 1 (Purpose) The purpose of this Agreement is to regulate the rights and duties of mutual rights and duties related to the distribution of the proceeds of the I Multi-Family Housing Construction Project between "A", "B" and "B" and the proceeds of the I Multi-Family Housing Construction Project (which shall belong to B and shall be limited to 57.5% of the total proceeds of the apartment project excluding land costs) in Seopo-do.
Article 2 (Definition and Distribution Ratio of Earnings)
1. The term "profit" means an amount excluding national taxes and local taxes;
2. The distribution ratio of the proceeds of the above paragraph 1 above shall be B 20%, K 60%, and J 20%.
J, from May 2, 2010 to July 29, 2012, the Plaintiff borrowed USD 210,00 from the Plaintiff, but failed to repay it. Around August 2012, 2012, the Plaintiff transferred the instant profit-sharing claim to the Plaintiff, and notified Defendant B of the assignment of claim.
(The scope of transfer shall be stated later). Defendant B shall be on December 27, 2013.