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(영문) 서울중앙지방법원 2017.06.08 2014가합528565

손해배상(기)

Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff’s acquisition of the instant golf course development business 1) D Co., Ltd. (hereinafter “D”).

(1) On January 19, 2007, the Plaintiff’s golf courses and ancillary facilities (hereinafter “instant golf courses”) with 18 holes from the Cheongcheon-si E Co., Ltd. on the following grounds: (a) around January 19, 2007:

) Development projects (hereinafter referred to as “instant golf course development projects”)

2) Around November 10, 2008, D acquired the instant golf course development project with FF Co., Ltd. (hereinafter “F”), D entered into a new construction contract with the term of construction from May 1, 2009 to April 1, 201, the term of construction shall be KRW 64.1 billion, the term of construction shall be determined as golf course 18 holes and its incidental facilities and access roads (However, the term of construction and the contract amount and the scope of construction shall be determined again based on the design documents after authorization of the implementation plan). On November 10, 2008, D with the Korean Bank Co., Ltd (hereinafter “Korea Bank”) and F as the borrower and the K as the lender and the financial management agency, with F as the contractor and the financial management agency, D shall obtain a loan of KRW 5.5 billion from our bank and the total amount of KRW 15 billion from G to 15.7 billion.

3) The entry of the “stock company” is omitted in relation to the I, J, K, and L Co., Ltd. (hereinafter the above companies) affiliated companies of H Group.

(2) On June 4, 2009, the Plaintiff entered into a contract with M, Inc., Ltd., Ltd., N andO, which is the shareholder of D, to acquire D’s shares, management rights and business rights and all rights and obligations incidental thereto owned by the said shareholder (H group changed D’s trade name on May 20, 2010, after acquiring the instant golf course development project; hereinafter referred to as “D”) and acquired the instant golf course development project by acquiring the instant golf course development project (the H group changed D’s trade name to the Plaintiff on May 20, 2010, after taking over the instant golf course development project; hereinafter referred to as “the term “the Plaintiff”).

B. B. The Plaintiff’s promotion of the instant golf course development project