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(영문) 인천지방법원 2015.12.18 2015가합2115

손해배상(기)

Text

1. The Defendant’s KRW 270,000,000 to the Plaintiffs and 5% per annum from March 21, 2015 to December 18, 2015, respectively.

Reasons

1.The following facts of recognition may be found either in dispute between the parties or in full view of the entries in Gap evidence 1 to 4, Eul evidence 1 and 3, witness D and E, and the purport of all the testimony and arguments:

The Defendant purchased F forest land 24,284 square meters in Seopo-si as its main business purpose with real estate development business, etc. and newly built Griart on the above land and sold it in lots (hereinafter “instant Lriart construction business”).

B. On January 21, 2014, the Plaintiffs entered into an investment agreement with the Defendant to grant the Plaintiffs the right to execute the instant resort construction project (hereinafter “instant investment agreement”) on condition that the Plaintiffs invested KRW 100 million in the instant resort construction project, and on the same day, the Defendant entered into a contract with the Plaintiff to contract the Plaintiff for the instant resort construction project with the amount of KRW 41.4 billion (Evidence 3).

C. The main contents of the instant investment agreement are as follows.

The Defendant (hereinafter referred to as “A”) and the Plaintiffs (hereinafter referred to as “B”) of the project implementer for the construction of the instant resort (hereinafter referred to as “instant resort”) of the instant resort agreement enter into an investment condition agreement with each other as follows:

Article 1(Purpose)The purpose of this Agreement is to select persons to be invested under the condition of investment of B in respect of the acquisition of authorization and permission rights for the cooking project promoted by A, and to regulate matters related thereto.

Section 2 (Scope) The terms of investment referred to in this Agreement refers to the right to select a construction contractor of the set project A, which shall be subject to the investment of B, and shall refer to the grant of the rights to the recognition of a construction contractor of the entire construction site and other mutually agreed parts of the project.

Article 3 (Advanced Investments)

1. B shall be subject to Party A’s acquisition of authorization and permission.