logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2017.07.25 2016가단221515
약정금
Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 12,038,910 to the Defendant (Counterclaim Plaintiff) and against this, from June 14, 2016 to July 25, 2017.

Reasons

1. Facts of recognition;

A. The Defendant was the owner of Yangcheon-gu Seoul Metropolitan Government 104 mobile 104 (hereinafter “instant housing”) and D Co., Ltd. (hereinafter “D”) was a corporation that implemented and constructed the Crelet reconstruction project.

B. On December 26, 2011, the Defendant: (a) decided to delegate negotiations on the sale and purchase of the instant housing that had been proceeding with D to the Plaintiff; and (b) drafted a sales contract stating that the Plaintiff and the Defendant sold the instant housing amounting to KRW 265 million to the Plaintiff, which includes the following details (hereinafter “instant letter”); and (c) signed between the Plaintiff and the Plaintiff.

2. The notarial notes and real estate contracts shall be used only for reconstruction negotiations.

3. The down payment of the real estate contract shall, upon conclusion of the rebuilding negotiation, be returned to the buyer immediately because the contents of the negotiation conclusion are shipped to the seller.

4.In negotiations for reconstruction, the amount of coverage shall be covered by the condition that 265 billion won is guaranteed.

5.If a negotiation is concluded with an amount of not less than 265 million won, the amount of security shall be 5:5 times for the additional amount.

C. On December 26, 2011, the Plaintiff paid KRW 26.5 million to the Defendant as the sales contract amount for the instant housing, and paid KRW 8.5 million on January 20, 2012.

After that, the Plaintiff received KRW 150 million from D on June 28, 2012, following negotiations on the purchase and sale of the instant housing, and civil and criminal disputes, and the Defendant received KRW 250 million from D on October 2015, and KRW 10,922,170,000,000 from D on November 21, 2015, respectively.

E. On June 1, 2016, the Defendant was paid KRW 30 million out of the above additional amount to be distributed to the Plaintiff as the Plaintiff’s partner E, which was agreed to receive 1/2 of the above additional amount.

[Ground of recognition] Facts without dispute, Gap 1, 10 through 16, 21 evidence, Eul 3, the purport of the whole pleadings

2. Determination on the main claim

A. The summary of the Plaintiff’s assertion (1) is KRW 150 million, which the Plaintiff received from D, and KRW 45 million.

arrow