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(영문) 부산지방법원동부지원 2014.07.25 2013가합4547

정산금반환

Text

1. The Defendants jointly and severally agreed to the Plaintiff KRW 1,037,697,369 and 5% per annum from May 30, 2014 to July 25, 2014.

Reasons

1. Basic facts

A. The Plaintiff is a contractor who was awarded a contract with the Defendant Company A (hereinafter “Defendant Company”) for the new construction of an apartment (hereinafter “instant apartment”) on the ground of Busan Shipping Daegu, D, E, and F (hereinafter “instant land”). The Defendant Company acquired the ownership of the instant land on December 16, 201, and is an executor of the instant apartment construction, and the Defendant B is the actual representative of the Defendant Company.

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

1. Name of the project: New construction of marine transportation and Daegu G collective housing; and

2. Site: Busan Shipping Daegu C, D, E, F

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 business (hereinafter referred to as the “business”), the Plaintiff and the Defendant Company, the implementer of the business, enter into a business agreement for the promotion of the business and faithfully implement this agreement in accordance with mutual faith as follows:

Article 1 (Purpose of Agreement)

A. The purpose of this Arrangement is to promote successful projects through the allocation of duties and the establishment of a close cooperation system between the defendant company and the plaintiff in promoting the projects.

Article 2 (Scope of Business of Defendant Company and Plaintiff)

C. All input funds of the Plaintiff, or financial rights borrowed from the Plaintiff’s intermediation and guarantee are managed by the Plaintiff in consultation with the Defendant Company.

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

Article 4 (Creation of Project Funds)

B. The cost of the project that borrows with financial rights is not more than 4,718,000,000 won, overdue interest of 330,000,000 won, overdue interest of 4,718,000,000 won, and 313,50,000,000 won, and 400,000,000,000 won for design and authorization expenses.