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(영문) 서울중앙지방법원 2014.09.18 2014가합515095
약정금
Text

1. Defendant A Co., Ltd. and C jointly and severally with the Plaintiff KRW 26,00,000 and KRW 100,000,000 among them, respectively.

Reasons

1. Determination as to the claim against Defendant A, and C

A. 1) Defendant A Co., Ltd. (hereinafter “Defendant Company”).

(2) On November 21, 2006, the Plaintiff received KRW 100 million from the Plaintiff with respect to the business run by the Defendant Company (hereinafter “Defendant Company”). However, when the said business was not carried out, the Plaintiff, on August 21, 2009, paid a total of KRW 226 million between the Defendant Company and the Plaintiff under the name of the investment deposit, etc., and the Defendant Company paid KRW 50 million among them to the Plaintiff, until November 10, 2009, and the remainder amount by December 31, 2009, respectively. Defendant C jointly and severally guaranteed the Defendant Company’s debt. The Plaintiff claimed payment of KRW 226 million with respect to the Defendant Company and the Defendant Company and damages for delay as to KRW 100 million with respect to the investment deposit.

(b) Defendant A corporation: Article 208(3)3 of the Civil Procedure Act (amended by service by public notice) 2 of the applicable provisions of Acts: Defendant C: Confession (Article 150(3) and (1) of the Civil Procedure Act);

2. Determination as to the claim against the defendant B

A. Basic facts 1) On November 21, 2006, the Plaintiff: (a) between the Defendant Company with Defendant B’s representative director; and (b) the Defendant Company newly built two apartment complexes with 1,100 households and commercial buildings on the ground D, Osan-si (hereinafter “instant business”).

10 million won (hereinafter referred to as “instant investment”) with respect to the investment

(1) The term “instant investment contract” refers to a contract under which an investment is made on October 31, 2007 at the time of return (hereinafter “instant investment contract”).

(2) In conclusion of the contract, the Defendant Company agreed to distribute 5% of the total profit of enforcement to the Plaintiff with respect to the above investment amount. However, when the business cannot be conducted due to delay in return of the investment amount or inevitable reasons, the Defendant Company agreed to pay to the Plaintiff the amount of KRW 100 million of the instant investment amount and KRW 50 million of the penalty. Accordingly, the Plaintiff transferred KRW 100 million to the Defendant Company’s deposit account. (2) When the instant business was not carried out, the Plaintiff was between the Defendant Company and the Defendant Company on August 21, 2009.

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