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(영문) 서울중앙지방법원 2011.09.01 2011가합1540

정산금 등

Text

1. The plaintiff's primary and conjunctive claims are all dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff (the former trade name was changed to C Co., Ltd., and December 1, 2005, hereinafter “A Co., Ltd.”) entered into a joint agreement between the Plaintiff and ES Industry Co., Ltd. (hereinafter “gold Industry”) around 2005.

2) As to the construction work of constructing apartment units in the instant project site, the construction cost was determined as KRW 50,524,240,000 (hereinafter “instant construction work”).

2) On May 15, 2006, the Plaintiff jointly promoted 1/2 shares of each of the instant businesses (Article 2(1)), including sales revenue, etc., with 1/2 shares of each of the following parties (Article 2(2)), and without written agreement, transfer all of the rights to the instant business to a third party and transfer shares of each of the parties (Article 6(3)) to the Plaintiff and Es. The Plaintiff and Es. industry jointly promoted 5-15 units of housing units (multi-family housing units) on the ground that the Plaintiff and Es.S. industry jointly carried out the instant business (hereinafter “instant business”). However, the Plaintiff and Es.I.D. separately agreed with the Plaintiff and Es. (hereinafter “instant agreement”) on the joint business agreement between the Plaintiff and Es.

3) Accordingly, between the Plaintiff and the SP industry on February 20, 2007, the Plaintiff and the SS industry entered into a contract to modify the construction contract with the content of changing the contractor of the instant construction from the existing Plaintiff to the Plaintiff and the ES industry. 4) On February 22, 2007, the Plaintiff and the SS industry entered into an agreement with the Bank of Korea (hereinafter “Korea Bank”) on February 22, 2007 with the repayment date of KRW 49,00,000,000 necessary for the implementation of the instant project from the Korean Bank.