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(영문) 서울중앙지방법원 2015.06.05 2013가합553182

손해배상(기)

Text

1. The plaintiff's primary claim against the defendants and the defendant A, B, C, D and so on.

Reasons

1. The facts under the underlying facts are either in dispute between the parties or in respect of the statements in Gap's Evidence Nos. 1 to 20, 28, 29, 38, 39, 34, 44, 45, 49, 53 to 55, with a comprehensive view to the purport of the entire pleadings.

A. Defendant FF Corporation (hereinafter “Defendant FF Corporation”) planned a project to develop a special planning zone within the general commercial area of the H Housing Site Development Zone G located in Seo-gu, Seo-gu, Seocheon-gu, Seocheon-gu (hereinafter “instant development project”), and recruited a private business entity to conduct the said project on April 2005, together with the project.

B. On June 20, 2005, the Plaintiff and Defendant 4 concluded a private consortium project agreement (hereinafter “agreement”) on June 20, 2005 to participate in the instant development project.

On July 11, 2005, the Plaintiff and Defendant D Co., Ltd. concluded the Convention on the Basic Agreement for the Consent of Private Enterprises (hereinafter “Convention”) with 7 companies that participated additionally, and 13 companies (hereinafter “Iconsium”) constituted a consortium. < Amended by Act No. 7770, Jul. 11, 2005; Act No. 1374, Mar. 3, 2005>

C. On September 14, 2005, the Defendant FSC selected the International consortium as a private business entity and entered into a business agreement with the International consortium member company (hereinafter “instant business agreement”), and entered into a business agreement (No. 6).

The instant development project was established by Defendant FF Corporation and the private business entity to jointly invest and implement the project (hereinafter “execution company”), and then Defendant FF corporation created commercial sites J, K, L, and M within the said special planning zone (hereinafter “instant project site”), and sold them to the executor, and the executor is a business that develops and sells a complex complex (J, K residential and commercial facilities, L business and other facilities, and M department stores) on the instant project site.

According to the instant business agreement, Defendant FF and I consortium constituent companies shall contribute to the ratio of 19.9:80.1.