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(영문) 광주고등법원 2015.10.07 2014나14343

손해배상 청구의 소

Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

1. Basic facts

A. The Busan Savings Bank (former trade name: Busan Mutual Savings Bank, Inc., Ltd.; hereinafter referred to as the “UB Savings Bank”) was declared bankrupt on August 16, 2012 and appointed as the Plaintiff as the bankruptcy trustee on August 16, 2012.

B. On January 27, 2003, the Busan Savings Bank signed a project promotion agreement with the Defendant B, a chief executive officer, who was represented by the Korea-U.S. H. H. (hereinafter “H.”) under the Korea-U.S. J. J. J. J. Gun, with a content that he would promote the business of purchasing approximately 101,186 square meters of six parcels outside the Jeonnam-gun, Jeonnam-gun, and installing and selling a charnel house 27,936 (hereinafter “instant project site”) (hereinafter “instant basic agreement”). The main contents are as follows.

Article 2 (Basic Agreement) (1) H and Busan Savings Bank shall have a foundation selected by an agreement to facilitate the smooth operation of the project, promote all of the projects that sell the instant site, such as purchase, surrender, development, and charnel, and shall also establish a sales unit and sell charnel houses by an agreement.

(2) The Busan Savings Bank shall support part of the funds necessary for purchasing the business site of this case and selling old roads, development, and charnel houses with loans.

Article 4 (Sharing of Duties) (1) H shall be responsible and promoted for:

◇ 이 사건 사업부지에 사찰 및 납골당을 시설할 수 있도록 토지를 매입 ◇ 이 사건 사업부지에 사찰 및 납골당을 시설할 수 있도록 대 관청업무의 인허가업무 추진 ◇ 납골당사업의 인허가권과 토지를 재단법인에 매각 ◇ 재단법인의 구성 및 업무에 참여 ◇ 분양대행사의 구성 및 업무에 참여 ◇ 추모관의 제사 대행업무 ◇ 재단법인의 자금차입 허가 ◇ 재단법인의 파이낸싱계약 인허가 등 사업허가...