(영문) 대구지방법원 2018.12.20 2017가합207950

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(영문) 대구지방법원 2018.12.20 2017가합207950

약정금

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1. Defendant B Co., Ltd. shall pay to the Plaintiff KRW 472,00,000 as well as its annual interest from November 17, 2017 to December 20, 2018.

Reasons

1. Basic facts

A. D Co., Ltd. (hereinafter “D”) in which the Plaintiff served as the representative director was executing the real estate development project (hereinafter “instant project”) in Geumcheon-gu Seoul Metropolitan Government F Land Board (hereinafter “instant project site”).

B. Around July 30, 2011, Defendant B Co., Ltd. (hereinafter “Defendant B”) and Defendant B entered into a contract for the transfer of business rights related to the instant project with the amount of KRW 2,000,000 (the land-in principal shall be separately paid).

C. On August 17, 2011, the Plaintiff concluded a service contract for purchasing real estate in the instant project site (hereinafter “instant service contract”) with Defendant B, setting the amount of KRW 1,500,000,000,000.

The main contents of the instant service contract are as follows.

Article 3 (Details of Services)

(a) The term “B (Plaintiff)” shall ensure that “A (Defendant B)” concludes the instant project site necessary for the project in the name of “A” and “A” does not interfere with the promotion of the project;

(b) “B” shall first change the name of the contract entered into by D (including the contract transferred by D to E) with the present project site, in the name of “A”, and shall complete the contract in accordance with the land sales contract attached” for the land that has not been purchased.

(c)"B" shall ensure that the entire site (other than any specific site) may be purchased within 60 days by proceeding with the owner of the land at the same time with the conclusion of this service contract and the consultation on the sale and purchase thereof, and that such period shall be postponed by mutual consultation and shall be completed not more than 15 days after such mutual consultation.

Provided, That where a contract with at least 80% is completed and "A" is deemed not to hinder the promotion of the project or it is necessary to extend the period in accordance with the project plan, the period shall be determined

Article 4 (Amount of Service and Time to Pay)

(a) The total expenses for the purchase of real estate shall be KRW 1,500,000.

유사 판례

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