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(영문) 부산지방법원 동부지원 2018.01.18 2017가합86
약정금
Text

1. The Defendant: (a) KRW 250,00,000 for the Plaintiff and the Plaintiff’s annual rate from April 16, 2016 to January 18, 2018; and (b) January 2018.

Reasons

1. Facts of recognition;

A. The Plaintiff is a person in charge of real estate development-related business, and the Defendant is a company that develops a C industrial complex established for real estate development business, real estate sale business, etc. on January 7, 2009 and located in Chungcheongnamsan-si.

B. Around 2007, the Plaintiff: (a) purchased land within the pertinent C Industrial Complex and obtained the Defendant’s representative approval for use; and (b) received KRW 500 million in return (hereinafter “instant service contract”); and (c) performed the said business from April 2007 to May 2012.

C. D, the Defendant’s representative director, resigned on May 31, 2012, and D and E, the same day as the Defendant’s representative, were jointly appointed.

However, on September 2, 2013, the Plaintiff was unable to receive service charges under the instant service contract, and was prepared and issued with a notarial deed attached with the following terms and conditions.

(hereinafter referred to as the “notarial deed of this case”). The name of the creditor is the name of the plaintiff (resident registration number, address omitted, hereinafter the same shall apply) who is a joint and several surety name of the debtor.

1. The creditor refers to the creditor (A), debtor D, and F as joint and several sureties (B).

2. (B) and (B) jointly and severally and severally shall pay to (A) the amount of consulting fee of KRW 550,000,000 (including value-added tax) (including 550,000,000) for consultation on the overall project, including the purchase of, and approval for use of, parcels of land outside G G in Yang-do from April 2007 to May 2012.

3. (B) and (B) will undertake to (B) the establishment registration of a mortgage on the real estate at the domicile of (B) to secure the implementation of the above 2.2.

4.(B) and (A) shall undertake to implement all the matters concerning the executory deeds of this Agreement;

5. When the agreement under the above 2. paragraph is not implemented until the date, the whole of the expenses under the above 3. paragraphs 3. 4 and 4. are (B) and (A).

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