(영문) 수원지방법원 2020.01.15 2019가합13394

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(영문) 수원지방법원 2020.01.15 2019가합13394

양수금

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

. On April 18, 198, C invested KRW 550 million to establish the Lao local subsidiary and then entered into the Lao project investment agreement (hereinafter “instant investment agreement”).

C. On February 21, 2013, the Defendant and C agreed as follows: (a) on February 21, 2013, the amount of KRW 550 million paid by C to the Defendant with the Lao investment deposit:

(hereinafter referred to as the “instant agreement”). The written agreement C shall pay D the amount of KRW 50,00,000 to the Defendant for the amount of KRW 190,000,000 for the amount of KRW 620,000 for the real estate in Lao, purchase KRW 150,000 for the export of used vehicles and expenses, and use KRW 100,000 for the amount of KRW 150,000 for the amount of KRW 100,000 for the amount of KRW 68,000 for the remainder after the Defendant remitted the amount of KRW 32,00,000 to C, and shall be reversed for the amount of Lao investment and shall not raise any civil or criminal objection arising thereafter:

* Contents of agreement

1. The Defendant shall pay C the total amount of KRW 200 million investments in real estate and the total amount of the amount agreed upon by others, KRW 300 million, which is KRW 100 million, by February 22, 2013.

2. The Defendant’s payment of KRW 100 million to C by February 22, 2013, and the remainder KRW 200 million by April 15, 2013 is due and payable by April 15, 2013.

In addition, if the above matters are not implemented, the agreement automatically terminates.

C On April 17, 2014, upon drawing up a written confirmation of termination of the contract with the Defendant that “the termination of all the contracts with the Defendant by receiving the Lao land documents” and issued it to the Defendant.

E. On January 21, 2019, the Plaintiff and C: (i) claims of KRW 300 million against the Defendant under the instant agreement; and (ii) rights to receive a certificate of real estate registration that the Defendant promised in the event that the Defendant is unable to pay the said money; (iii) rights to claim the original amount of agreement; or (iv) rights to claim the amount of investment.

유사 판례

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