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(영문) 대전지방법원 2019.01.23 2018가합705
약정금
Text

1. The Defendants shall be jointly and severally liable for KRW 230,000,000 and KRW 100,000 among them, from February 16, 2017, and KRW 130,00,000.

Reasons

1. Facts of recognition;

A. Defendant B Co., Ltd. (hereinafter “Defendant Company”) is a corporation established for the purpose of sales agency business of housing and commercial buildings.

Article 2 (Opening of Investment)

2. Investment amount: 150,000 won of security deposit for sale in lots, and 50,000 won of total investment principal for sales in lots.

3. Deadline for investment: Article 3 (Duties and Responsibilities) by November 25, 2015, and by December 10, 2015, expenses incurred in selling or operating buildings in units;

2. The obligations and responsibilities of Party A (the Defendant Company’s words) and responsibilities (1) shall make every effort to distribute profits in connection with the sale business.

The principal shall be repaid with the top priority in operating expenses, except for operating fees and basic expenses.

When recruiting 300 members of the cooperative, the security deposit for sale shall be refunded to B (the plaintiff) under the responsibility of A (the plaintiff).

3. Obligations and Responsibilities of Section B: Investment of KRW 200 million.

Article 4 (Distribution of Investment Profits)

2. Dividends: A shall pay 1 million won per household to any household which has sold in lots not later than the closing of the business area concerned immediately after being deposited by an executor (agency and association).

B. On November 25, 2015, the Plaintiff entered into an investment agreement with the Defendant Company on the content that the amount equivalent to deposit money and operating expenses necessary for the Defendant Company to carry out the business of soliciting members of the regional housing association in Gwangju-si (hereinafter “instant business”) (hereinafter “instant investment agreement”), and the details thereof are as follows.

On the other hand, Defendant C guaranteed the performance of the obligation to the Plaintiff of the Defendant Company under the instant investment agreement.

C. The Plaintiff paid a total of KRW 200 million to the Defendant Company in accordance with the instant investment agreement.

Meanwhile, from July 2016 to January 201, 2017, the Defendant Company paid a total of KRW 228,2200,000 to the Plaintiff with the profit of 326 households recruited by the Defendant Company. As the return of the investment principal, the amount of KRW 50,000,000,000 and February 1, 2017 as the return of the investment principal.

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