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(영문) 서울중앙지방법원 2018.08.29 2017가합534752
약정금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for 400,000,000 won and 5% per annum from March 1, 2017 to August 16, 2017.

Reasons

Basic Facts

Defendant B Co., Ltd. (hereinafter “Defendant B”) is a company that, around 2014, conducted a business of newly building and selling F hotel (hereinafter “instant hotel”) in Gangwon-gun E (hereinafter “instant hotel”). Defendant C is the representative director of Defendant B, and Defendant D is the wife of Defendant C.

On June 2014, the Plaintiff entered into an investment agreement with Defendant B and the Plaintiff to invest KRW 400 million in the instant business and to purchase the first floor convenience store of the hotel of this case (hereinafter “instant convenience store”) equivalent to KRW 800 million with its profits, and entered into a sales agreement with Defendant B and the Plaintiff on June 11, 2014 to purchase the instant convenience store of KRW 800 million with its profits.

Accordingly, the Plaintiff paid KRW 400 million on June 11, 2014 and KRW 200 million on June 16, 2014 to Defendant B.

On December 29, 2014, Defendant C purchased the instant convenience points in KRW 800 million to the Plaintiff, and written a written confirmation of the sales contract stating that “The remainder of the outstanding balance 400 million is liable and paid by Defendant C” (hereinafter “instant confirmation”). The instant confirmation is accompanied by Defendant C’s personal seal affixed thereon, and Defendant D’s name, seal, seal, and personal seal impression are attached to Defendant D’s name column.

On September 24, 2015, the Plaintiff and Defendant B agreed to repay the investment principal as “loan amount” and the total amount of KRW 800 million from the principal and earnings as “amount repaid” and Defendant B signed a written agreement (hereinafter “instant agreement”) with a total of four times until February 28, 2017, and received authentication. The name of Defendant D was written in the column of joint and several sureties of the instant agreement and affixed seals thereto.

Defendant B paid 400 million won out of the above KRW 800 million to the Plaintiff up to now.

[Ground of recognition] Unsatisfy, A(1) through (3)

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