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(영문) 부산지방법원 2015.03.11 2014가합9024
약정금 등
Text

1. As to KRW 106,00,000 among the Plaintiff and KRW 37,000,000 among them, the Defendant shall pay to the Plaintiff the year from April 1, 201 to August 25, 2014.

Reasons

1. Basic facts

A. On October 9, 2009, the Defendant entered into the instant investment agreement with the Plaintiff as a company established for the purpose of real estate sale and lease business, etc., the Plaintiff agreed to pay the Defendant an investment amount and pay the Defendant a profit therefrom (hereinafter “this investment agreement”). On the same day, the Plaintiff paid the Defendant an investment amount of KRW 150 million with the investment amount. The Plaintiff paid KRW 50 million with respect to the real estate business of Suwon-gu, Suwon-gu, Suwon-gu, Incheon, and KRW 100 million with respect to the real estate business of Suwon-dong, Gyeyang-gu, Incheon, respectively.

B. On April 1, 2011, the Defendant did not pay the Plaintiff a profit of KRW 50 million to the Plaintiff regarding the investment amount of KRW 50 million in connection with the real estate of Suwon-si, Suwon-si, Suwon-si. As to the Plaintiff’s investment amount of KRW 50 million in the real estate of Suwon-si, Suwon-si, Suwon-si, the Defendant prepared a notarial deed (No. 654, 201; hereinafter “instant notarial deed”) with the following principal contents as to the Plaintiff’s investment amount of KRW 65 million in the said notarial deed. The Defendant paid KRW 28 million out of the debt amount of KRW 65 million on the instant notarial deed and paid the remainder KRW 37 million to the obligee by the time limit for repayment (Article 1,65,00,000,000 to the above KRW 37 million).

Article 5 (Compensation for Delay) If the obligor delays the repayment of principal or interest, the damages for delay calculated by the rate of 10% per annum on the delayed principal or interest shall be paid to the obligee.

(c) did not.

The defendant of 100 million won of investment in real estate in Gyeyang-dong, Gyeyang-dong, Incheon, shall be the real estate in Gyeyang-dong, Incheon.

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