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(영문) 부산지방법원 2018.04.11 2017가합48747

부당이득금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Paragraph (1) of the basic fact (Fund);

A. The Defendant (Defendant) shall invest 3 billion won in cash in the instant project.

B. A (Plaintiff) as an operator of the instant apartment project, shall pay KRW 5 billion to A at the same time after the completion inspection of the instant apartment project.

Paragraph 2 (Methods, etc. of Payment) A paid KRW 30 million on May 12, 2015, KRW 200 million on May 21, 2015, KRW 140 million on June 3, 2015, and KRW 140 million on June 18, 2015.

(Cancellation of Provisional Registration) Subsequent to the F Savings Bank, the F Savings Bank shall cancel the establishment of KRW 1.44 billion and shall register the establishment of KRW 4 billion on land.

When implementing the first-class G loan, A shall terminate the registration of creation and register the re-establishment of the first-class G.

Paragraph 3 (Contract Term and Progress of Project)

A. The period of the foregoing business is from May 2015 to April 2016.

Provided, That where the completion inspection is completed within the above period, such time shall be the expiration date of the contract period.

(b) If Party A does not have a reason for a business entity recognized in writing, the contract is terminated upon Party A’s request, and Party B shall pay Party A the total amount of KRW 3 billion investment and KRW 5 billion investment amount of KRW 2 billion to Party A.

Paragraph 4 (Provision of Information)

(a) B In the course of the project under this Agreement, the Party A must faithfully provide all the information required by the project executor within the scope of the project’s objective.

(b) Eul bears all responsibility for the insolvency and fraudulentness of the data provided to Gap;

(c) Where there is any false doubt or shortage in the provision of information under this Article, A may seek additional data, or select a third party expert, conduct an accounting audit on matters within the scope of this Agreement, and B shall cooperate therein.

Article 5 (Business Consultation)

(a)major decision-making in a project undertaken by an investment under this Agreement is based on mutual agreement between A and B;

However, the part conducted in accordance with the project plan in advance shall run independently.

(b).