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(영문) 서울남부지방법원 2016.12.08 2015가합111298
약정금
Text

1. Defendant B’s payment of KRW 250,00,000 to the Plaintiff and KRW 5% per annum from August 1, 2010 to December 17, 2015.

Reasons

Basic Facts

The relevant Plaintiff is the previous owner of F forest land at the time of somju (hereinafter “instant forest”). The Defendants, while engaging in activities related to each construction, auction, real estate, and legal affairs, have developed and sold the said forest land as a logistics complex with the Plaintiff’s husband G, who was delegated with the right to trade the said forest land by the Plaintiff, as well as the Plaintiff’s husband G, who promoted a business that generates profit margins (hereinafter “instant business”).

In order to carry out development projects because the forest land of this case is located within the military facility protection zone, it is essential to obtain military consent through consultation with the jurisdictional unit, but land owners including the Plaintiff did not obtain consent.

Defendant B participated in the instant development project on October 2009 by taking advantage of the Ha’s artificial connection with G to obtain consent from the military executives, etc., and Defendant E also participated in the said development project to take charge of attracting occupants to move into the logistics complex, and Defendant C decided to invest the initial cost required for obtaining military consent upon Defendant B’s recommendation.

Defendant B asked H to obtain the consent of the military, and Defendant C and B paid expenses such as street funds requested by H several times.

H, after receiving the above waterway funds from Defendant C, in contact with military executives, etc., in order to obtain the consent of the military, H demanded additional KRW 200,000 to be used as the waterway funds for the Haman on June 2010.

I confirm that he received KRW 250,000,000 in return for obtaining the consent of the Gun from the Gun by July 31, 2010 on the following real estate in the forest of this case. If he fails to obtain the consent of the Gun within the above period, I promised to return the said money again, and will assume all civil and criminal responsibilities.

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