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(영문) 수원지방법원성남지원 2020.10.30 2019가단14973
약정금
Text

The Defendants jointly and severally against the Plaintiff KRW 30,000,000 and Defendant C with respect thereto.

Reasons

1. Facts of recognition;

A. On November 24, 2017, the Plaintiff entered into an agreement with the Defendants on November 24, 2017 to purchase three multi-household housing units and distribute profits after constructing and selling three multi-household housing units.

(hereinafter referred to as the “instant agreement for the partnership business,” and its corresponding business or affairs are referred to as the “instant partnership business.” (b)

On November 27, 2017, the Plaintiff’s wife H and Defendant C’s wife I, and Defendant E entered into a contract to purchase land jointly with the owner of each of the above land.

C. On December 22, 2017, the Plaintiff (in its wife H) borrowed KRW 40 million from J to raise funds for the instant club business.

Defendant D returned to the Plaintiff KRW 20 million out of the above KRW 40 million.

(20,000 won remaining after the loan of this case) D.

On March 2018, the Plaintiff agreed to receive KRW 30 million from the Defendants while withdrawing from the instant partnership business.

(2) The agreement of this case refers to the agreement of this case and the amount to be paid by the Defendants pursuant to the agreement of this case.

On March 2, 2018, the Plaintiff drafted a letter of intent to waive the business rights related to the instant club business to the Defendants.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3 and 8, the purport of the whole pleadings

2. Determination as to the cause of action

A. The summary of the parties' assertion 1 is that the Plaintiff withdrawn from the partnership relationship of this case and renounced the business rights related to the partnership relationship of this case, and thus, the Defendants are jointly and severally liable to pay 30 million won to the Plaintiff with the agreed amount.

In addition, 20 million won of the loan of this case was lent to the Plaintiff for the purpose of raising funds necessary for the start-up of the business of this case, so long as the Plaintiff agreed to pay it in return for withdrawal from the partnership of this case and waiver of business rights, or the Plaintiff withdrawn from the partnership of this case.

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