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(영문) 청주지방법원 2014.08.29 2013나4501

대여금

Text

1. The plaintiff's claim that is changed in exchange in the trial is dismissed.

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

Reasons

1. Basic facts

A. 1) The Plaintiff and the Defendant, etc. entered into a reclaimed land contract between the Plaintiff and the Defendant, etc. with a view to jointly promoting a project for acquiring investment and permission rights of the final waste landfill (hereinafter “the instant project”) on the said land between K and K and L, on January 19, 2011, where the Defendant, etc. were to jointly promote a project for building a waste landfill facility at KRW 56,700, and entered into a contract between December 2010 and January 201 as to the purchase of land and the consent of residents.

3) According to the above reclaimed land contract, the Plaintiff et al. shall pay the project funds and performance rates necessary for the project until obtaining the permission for reclaimed land as seen below. The Defendant et al. play a role in promoting major tasks until the permission for reclaimed land was granted. However, upon obtaining the permission for reclaimed land by the Defendant et al. or M Co., Ltd.’s management, the Plaintiff et al. transferred it to the Plaintiff et al. and eventually became the principal agent promoting reclaimed land’s project. 4) The

Article 3(1)(1) of the Reclaimed Land Contract. (1) The civil petition team performance bonus: KRW 200 million (after the completion of consent of at least 85% of the consulted D residents and the payment of KRW 40 million in the civil petition team performance bonus when submitting the minutes, the payment of KRW 160 million in the case of publication in the Official Gazette of the process of determining urban planning facilities). (2) The resident development fund: KRW 300 million (250 million in the date of the Convention on the condition of payment at the time of permission after the payment of KRW 50 million) (3) The land team compensation amount: KRW 410 million in the advance payment, KRW 50 million in the land use agreement, and KRW 50 million in the land purchase agreement.