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(영문) 수원지방법원 2016.01.15 2014가단63960
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. Facts of recognition;

A. On January 6, 2004, the Plaintiff and the Defendant entered into an investment agreement with the following contents (hereinafter “instant investment agreement”). The Plaintiff and the Defendant concluded an investment agreement with the following contents (hereinafter referred to as “instant investment agreement”). The Defendant: (a) purchased each of the above land as “instant land” or “land”; (b) purchased each of the above land; and (c) purchased each of the above land as “each of the instant land”; and (d) purchased each of the instant land.

① The Plaintiff: The Defendant of the real estate developer: Investor (investment amount: KRW 240,000; KRW 240,000; KRW 200,00): The location of real estate: Ansan-si, Gyeonggi-do; and ③ The Plaintiff shall jointly invest the Plaintiff and the Defendant in order to carry out

④ The Plaintiff and the Defendant agreed to make an earning rate on the amount borrowed as 1/2.

The plaintiff and the defendant shall jointly bear taxes and other expenses.

⑤ The Defendant shall pay 20% of net earnings to the Plaintiff as contingent remuneration.

B. The Defendant paid KRW 240 million to the Plaintiff according to the instant investment agreement.

C. On January 3, 2004, the original Defendant concluded a sales contract to purchase the instant land and its ground land from G MH in the Plaintiff’s mother F’s name with KRW 30 million, and concluded a sales contract to purchase the instant land and its ground land from G around January 2004 with KRW 436 million.

However, the Plaintiff actually paid KRW 450 million to G and H as the purchase price for each of the instant land and its ground.

E. Since March 21, 2008, the original Defendant entered into a contract with I to sell KRW 4630,000,000,000,000 in total of 5,881,000 square meters of each of the instant lands to 742,000,000,000,000 won. However, upon I’s request for cancellation of the said contract, I agreed to receive penalty of KRW 40,000,000 as penalty and the original Defendant divided the penalty of KRW 40,000 by 20,000,000.

F. On December 5, 2008, the Defendant: (a) on December 5, 2008, 133 square meters of the instant land to J. 2.

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