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(영문) 수원지방법원 2018.12.07 2017가합21827

채권조사확정재판에 대한 이의의 소

Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a company established on July 29, 2014 in order to operate a business by introducing electric cart to the instant golf course located in the wife population C (hereinafter “instant golf course”) at the time of the Defendant’s possession.

B. On September 4, 2014, the Plaintiff, the Defendant, and Nonparty E agreed to jointly carry out the business of the introduction and operation of the electric club (hereinafter “instant business”) at the instant golf course, and entered into a joint business agreement (hereinafter “instant joint business agreement”) with the main content as follows.

Article 5 (Business Division) of the instant Joint Project Contract bears all the duties and expenses related to the implementation of the instant project, including the inducement and management of investment funds for the instant project, the selection of a contractor, and the operation and maintenance related to the operation and maintenance related to the operation of the electric cart for operating the project. After completion of the construction related to the electric cart pursuant to the development of authorization, permission, construction, etc. under Article 8, the Plaintiff is obligated to pay the Plaintiff for the sales and guarantee of Article 12, which the Defendant pays to the Plaintiff according to the electric cart

The defendant shall carry out the design and authorization and permission of the business, and shall pay the former cart business upon the commencement of the former cart business in accordance with the distribution and guarantee of sales under Article 12.

The plaintiff and the defendant shall consult on the amount of the selection and construction of the contractor according to the Jeondong-related Corporation, but if no agreement is reached, the plaintiff shall give priority to the defendant's opinion, and all expenses incurred in relation to the business, including design, authorization and permission, shall be paid from the investment.

Article 6 (Period of Contract) 1 This Agreement shall be between 11 and 11 years after the conclusion of the contract, and the period of development of authorization, permission, and construction under Article 8 shall be calculated as one year, and the period of sale, distribution and guarantee under Article 12 that the defendant redeems the investment to the plaintiff shall be

however, the duration of the project shall be extended; or