동업관계확인
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. Before 2008, the Plaintiff actively proposed the port ports and the Ministry of Land, Transport and Maritime Affairs as a public-private partnership project, and concluded a financial consultation agreement with the new bank.
B. On October 13, 2008, the Defendant prepared a memorandum of understanding between the Plaintiff and the Plaintiff, which is to promote the Pohang-ri or development project (hereinafter “instant memorandum of understanding”) by mutual cooperation as follows:
The plaintiff and the defendant intend to cooperate with each other based on mutual trust for the reclamation projects of public waters in the two dong-dong and Dong-dong Dong-dong and Dong-dong-dong-dong-dong-dong.
1. The plaintiff and the defendant shall actively promote the reclamation project of public waters in the Posi-dong and Posi-dong in the form of a private investment.
2. The Plaintiff invested funds until the completion of the alteration of the basic plan for reclamation, and thereafter invested funds shall be determined by mutual agreement between the parties.
3. The Plaintiff shall perform all the duties necessary for the alteration of a basic plan for reclamation under the Public Waters Reclamation Act to reclaim public waters, and the Defendant shall actively cooperate therewith.
4.The matters not specified in this Understanding shall be subject to separate consultations.
C. After the Defendant’s investment deliberation, on April 7, 2009, the Defendant established Port Marina Co., Ltd. (hereinafter “Posiana”) as a special purpose corporation for the promotion of Port Port Libera or Development Project. Around April 2009, Port Marina entered into a contract on entrustment of business affairs related to the aforementioned business with the Plaintiff.
On January 27, 2010, the Minister of Land, Transport and Maritime Affairs announced the first (2010-2019) Marina Master Plan for 43 harbors including the Port 2, based on the “Act on the Development, Management, etc. of Marina”, and the Defendant is designated as the implementer of the Lina Marina project (hereinafter “instant project”).