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(영문) 의정부지방법원고양지원 2015.07.24 2014가단70101

손해배상(기)

Text

1. The claim of this case is dismissed.

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

Reasons

1. Facts of recognition;

A. On October 2010, the Plaintiff was a non-profit corporation established under the Small and Medium Enterprise Cooperatives Act, and around October 2010, the Korea Industrial Complex Corporation submitted a cooperation project plan in selling phase 2 industrial sites according to the master plan for industrial complex management of the Pakistan Publication Information and Information National Industrial Complex (hereinafter “instant complex”) pursuant to the Act on Promotion of Direct Industry and Factory Establishment (hereinafter “Industrial Complex”). As a result, the Plaintiff was first selected as an excellent cooperation project group subject to parcelling-out.

Accordingly, the plaintiff joined the above cooperation project as a member, and the Korea Industrial Complex Corporation recommended the members of the industrial site of this case to purchase the industrial site of this case, and the Korea Land and Housing Corporation concluded a sales contract on the industrial site from November 201, against the members recommended by the plaintiff.

B. Meanwhile, at the time of strike, B was originally sold a factory site A 1,025 square meters (hereinafter “instant land”). However, upon waiver of sale by the said B, the Defendant, at around December 9, 201, drafted a performance assurance to the effect that the Defendant, while acquiring the instant land from the foregoing B, promised to perform the matters to be observed in the Plaintiff’s partnership, as well as to enter into an association and enter into an association and enter into a cooperative project, around December 9, 2011.

(hereinafter “instant performance guarantee” and “instant performance contract” (hereinafter “instant performance guarantee”).

On May 2014, the defendant requested the plaintiff to find a substitute on the ground that it is difficult to participate in the cooperative movement project.

Therefore, although the disposition announcement on the above industrial site was made three times, the purchaser did not appear, the defendant recommended Nonparty C to the Korea Industrial Complex Corporation as the purchaser, and eventually, the above C was selected as the transferee.

The Korea Industrial Complex Corporation shall carry out the instant land with the Defendant on August 19, 2014.