(영문) 대구지방법원 2019.02.21 2018가합202051

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(영문) 대구지방법원 2019.02.21 2018가합202051

약정금

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On May 20, 2016, the Plaintiff entered into an agreement with the Defendant (hereinafter referred to as “instant investment agreement”) under which (tentative name) D Regional Housing Association (hereinafter referred to as “instant project”) was carrying out the enforcement agent of the project of the Daegu Suwon-gu District Housing Association (hereinafter referred to as “instant project site”) and paid KRW 100,000,000 to the Defendant on the same day.

1. The amount of investment shall be one million won;

2. The profit for the invested amount shall be 150,000 won; and

3. The Defendant shall pay to the Plaintiff KRW 250,000,000 within one month, where the Plaintiff has become a member of the partnership by 50%.

B. On November 16, 2016, the Defendant transferred the authority to vicariously execute the instant project to E Co., Ltd. (hereinafter “E”).

The scope of succession prescribed by the above transfer agreement shall be as follows:

Article 4 (Scope of Succession) The scope of succession to this project shall be succeeded to the authority of the housing association project such as recruitment of association members, land work, etc., and the defendant corporation shall not succeed to it.

C. The location of E and the head office, the representative director, and in-house directors were established on November 30, 2016 by the same company F (hereinafter “F”).

On August 26, 2017, the inaugural general meeting of the G District Housing Association, the area of which is the same as the instant project site, was held on August 26, 2017, and the head of Daegu Metropolitan City Suwon-si authorized the establishment of the said Association on December 11, 2017.

F has dealt with the relevant duties as an agent of the G Regional Housing Association.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 9, the purport of whole pleadings

2. The parties' assertion

A. The Plaintiff asserted that the Plaintiff entered into the instant investment agreement with the Defendant, and the Defendant transferred the authority to execute the instant project to E prior to the fulfillment of the terms and conditions of the investment principal and profit payment stipulated in the instant investment agreement.

3.2

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