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(영문) 서울중앙지방법원 2014.12.19 2014가합521601

약정금

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. Basic facts

A. (i) Prior to the conclusion of the instant investment agreement, Defendant KFE (hereinafter “AFE”) is a company with the planning, design, and construction services for TB broadcast stage arts and film production, open set, etc., and with the implementation of the relevant project, such as the project for the development of a secondary image theme park in the area of the 53-2 U.S. e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e.,

The defendant TMWB Co., Ltd. (hereinafter referred to as the "MMWB") is a company established by the defendant TWB, which is delegated the management and operation right of the thesis of this case by the defendant TWC.

B. At around August 22, 2002, Defendant LartB prepared a joint declaration of cooperation to carry out the instant project with the Jeollabuk-do and Seoan-gun, Jeollabuk-do, and concluded the agreement around that time.

Accordingly, on January 10, 2003, the Busan District Council enacted the Ordinance on the Creation and Operation of the Theme park in this case, and in thebuan-gun, the 4 billion won including the subsidy of 2 billion won in Jeollabuk-do was to be subsidized as the fund for the creation of theme park in this case.

On October 31, 2003, the Plaintiff entered into an investment agreement with Defendant Latvia, which invests 15 billion won in the instant business, but did not implement the investment agreement on December 2, 2003, when raising the elderly mining rights issues of the instant project site and the residents’ agricultural issues concerning the nuclear disposal of the father-gun, etc.

B. (1) On December 9, 2003, Defendant AB entered into a contract for attracting investment with Sam Accounting Firm to attract investment and was recommended as a potential investor on July 19, 2004.

On November 4, 2004, the Defendants again concluded the instant investment agreement with the content of investing 16 billion won from the Plaintiff.

The main contents are as follows:

① The Plaintiff has priority over 9.5 billion won for the instant business.