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(영문) 부산지방법원동부지원 2014.07.25 2013가합1241

선급금반환

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On December 16, 201, the Plaintiff is the owner of Busan Shipping Daegu, C, D, and E (hereinafter “instant land”), and is the executor of the instant land-based apartment construction works (hereinafter “instant apartment construction”). The Defendant is the contractor who received a contract from the Plaintiff for the instant apartment construction works.

(b) Project outlines, including the conclusion of a project agreement and construction contract;

1. Name of the project: New construction works of the F collective housing in shipping and Daegu; and

2. Site: Busan Shipping Daegu B, C, D, and E.

5. Scale of parcelling-out: 170 households of apartments; and

6. Business scale: it shall be the area for authorization and permission.

In promoting the above project (hereinafter referred to as the “project”), the Plaintiff and the Defendant, the implementer of the project, enter into a business agreement for the promotion of the project as follows, and faithfully implement this Agreement in good faith:

Article 1 (Purpose of Agreement)

A. The purpose of this Agreement is to promote successful projects through the division of work and establishment of a close cooperation system between the Plaintiff and the Defendant in promoting the projects.

Article 2 (Scope of Business of Plaintiffs and Defendant)

C. All input funds of the defendant, financial rights borrowed from the defendant's good offices or guarantees are managed by the defendant in consultation with the plaintiff.

The interest on the loan funds borrowed by financial institutions for the promotion of the project shall be 10% per annum, and the interest rate on the funds borrowed through consultation with other financial institutions shall be determined after a deferred consultation.

Article 4 (Creation of Project Funds)

B. Business expenses borrowed with financial rights shall be 4,718,00,000 won for land remainder, overdue interest of 330,000,000 won, 313,500,000 won for ownership transfer registration (including registration tax on acquisition of ownership) and 400,000,000 won for design expenses and authorization expenses (including registration tax on acquisition of ownership), and the remainder of 1,738,50,000,000 won other than the amount that the Plaintiff received as advance payment from the Corporation and the Defendant received as advance payment from the Corporation, shall be paid in advance by the Defendant.