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(영문) 서울동부지방법원 2017.11.02 2016가합110657

채무부존재확인

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

Basic Facts

Plaintiff

The company is a company established on April 26, 201 and is operating real estate development business, and the plaintiff B and C are those who have worked or have worked as an executive officer of the above company.

The defendant is a company that is established on February 24, 2009 and operates a wholesale and retail business of household appliances, and E is a person who has worked as an inside director of the company in question.

Plaintiff

On September 12, 2013, the company and the Defendant: (a) jointly implement a project (hereinafter “instant project”) that constructs and supplies multi-family housing of 580 households with a size of 43,091 square meters in the F 43,091 square meters in Chungcheongnam-do, Chungcheongnam-do; and (b) drafted a joint agreement (Evidence A 3; hereinafter “instant project agreement”) containing the following:

Article 3 (Business Division and Conditional Conditions) of the Joint Business Agreement (Business Division and Condition) The plaintiff company and the defendant shall divide their respective duties and perform them in good faith for the smooth performance of the business in this case as follows:

(1) The defendant's business is as follows:

1. A special purpose corporation established by joint investment between the Plaintiff and the Defendant for the sole purpose of the instant business. The name of the company was determined as G Co., Ltd. (hereinafter “G”).

Capital input for the establishment of a company and necessary capital inputs after the establishment.

1. Acquisition of ownership of the project site and buildings on the ground;

4. The duty to trust the whole project site to the trust company as a collateral;

5. The duty to deposit all funds relating to the instant business in the name of the truster, and the duty to entrust the trustee with the management thereof, Article 4 (Establishment of SPC) ② The Plaintiff Company and the Defendant shall invest the shares at the time of establishment of SPC as follows, and complete internal procedures, such as necessary deliberation, prior to the establishment of SPC.

However, the investment of the Plaintiff company shall be borne by the Defendant.

(2) The Defendant’s investment ratio: 70%, and the investment ratio of the Plaintiff Company: 30%, respectively.