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(영문) 춘천지방법원강릉지원 2016.03.22 2015가합5524
약정금
Text

1. The Defendant: (a) KRW 141,81,090 for the Plaintiff and 5% per annum from November 19, 2015 to March 22, 2016; and (b) the Plaintiff.

Reasons

1. Facts of recognition;

A. A. Around September 2005, the Plaintiff purchased land located in Pyeongtaek-gun jointly with the Defendant and carried out a project, such as the division of land and the creation of a penta site on the land surface (hereinafter “instant project”), and distributes profits therefrom. However, the Plaintiff agreed that real estate sales contract and ownership transfer registration shall be made in the name of the Plaintiff, and the real estate sales price shall be borne by half.

B. On October 12, 2005, pursuant to the above agreement, the Plaintiff purchased the land of Pyeongtaek-gun D and 33 parcels (hereinafter “instant real estate”) from Pyeongtaek-gun in the amount of KRW 1150 million. Around December 2005, the Plaintiff agreed to reduce the said purchase price to KRW 960 million.

C. The Plaintiff and the Defendant failed to prepare KRW 340 million out of the above purchase price, and the Plaintiff received a loan of KRW 340 million from the Nonghyup Bank on February 7, 2006 (hereinafter “instant loan”). The Plaintiff paid the said loan.

On February 13, 2006, the Plaintiff completed the registration of ownership transfer in its name with respect to the instant real estate. On October 23, 2006, the Plaintiff completed each registration of ownership transfer with respect to 1/4 shares to the Defendant and 1/4 shares to E designated by the Defendant.

E. On March 9, 2006, the Plaintiff entered into a partnership agreement with the Defendant with respect to the partnership agreement described in the above paragraph (a) as follows: Provided, That the amount of the investment specified in Article 1 below was increased to KRW 70 million and KRW 700 million by agreement with the original Defendant on March 29, 2006.

(hereinafter referred to as the “instant association agreement”). Article 1 (Investment Obligations) of the same Act (hereinafter referred to as the “instant agreement”). The Defendant and the Plaintiff shall make investments in the said development project with the amount of money for services and expenses incurred in the purchase of land and the promotion of business in the said development project, and the obligation to make investments is completed by prescribing the amount of KRW 1.2 billion in total, Defendant 60 million and Plaintiff 60 million.

Additional investments are limited to the case where the defendant and the plaintiff agree.

Article 3 (Duty of Distribution of Profits)

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