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(영문) 제주지방법원 2010.12.23 2009가합3124
약정금
Text

1. The defendant shall pay to the plaintiff KRW 200,000,000 as well as 5% per annum from December 3, 2009 to December 23, 2010, and thereafter.

Reasons

1. The following facts may be found in full view of Gap evidence Nos. 1 through 5, 8, 13, 14, and 17 (if any) and evidence Nos. 1 to 5, 8, 13, 14, and 17, witness C and D's testimony, fact-finding results to the Director of the Jeju Tax Office of this Court and the whole purport of the pleadings:

원고는 부동산 개발업, 호텔운영 및 관리업 등을 목적으로 하여 2003. 9. 5. 설립된 회사이고, 피고는 토목건축공사업 등을 목적으로 하여 1953. 4. 28. 설립된 회사이다.

B. On October 21, 2003, the Plaintiff entered into an “Etel construction contract” with the Defendant as indicated below.

The name of the business shall be Jeju Etel Construction Corporation (hereinafter referred to as the "instant hotel")

b)the project location of Jeju-do project is changed to the contract price of 25,710,000,000 (Additional Tax No.); the method of payment for the project cost of 25,710,000,000 (Additional Tax), and other revenues.

C. The defendant started the above construction from February 2004, and completed the hotel of this case on November 30, 2005.

The plaintiff entered the hotel of this case from the end of December 2003 to the pre-sale of the hotel of this case, but only 76 guest rooms among 383 guest rooms were sold, the remaining guest rooms and commercial buildings were suspended without selling them, and the pre-sale price was paid to the defendant.

E. Upon completion of the hotel of this case, the Plaintiff: (a) invested a considerable amount of money to be equipped with facilities necessary for the operation of the hotel; and (b) completed the registration of transfer of ownership in the name of the Plaintiff on January 31, 2006.

F. In the event that the sale of the hotel in this case did not proceed smoothly, the Plaintiff was unable to pay the construction price to the Defendant. On February 6, 2006, the Plaintiff entered into a real estate disposal trust agreement with the Defendant on the unsold guest rooms and commercial buildings in lots of the hotel in this case, and entered into a real estate disposal trust agreement with the Defendant on February 15, 2006.

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