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(영문) 광주고등법원 2019.09.18 2019나20176

손해배상 청구의 소

Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The Defendant entered into an investment implementation agreement with respect to the C development project (hereinafter “instant project”) with the content that an agro-industrial complex is created by means of private investment project on a scale of approximately KRW 1.50,000 square meters in the E-Japan.

The Defendant planned the F Co., Ltd. on July 16, 2010 (after, after the change to M Co., Ltd.),

hereinafter referred to as “F”).

(G) Co., Ltd. (hereinafter “G”).

(1) The Investment Implementation Agreement to promote the Project in this case (hereinafter referred to as the “instant agreement”) between the Department and the Company.

Article 2 (Agreement Parties) of the Agreement shall be determined as “A” and the F and the Bank of Bankruptcy shall be determined as “B”. Article 3 (Business Plan ① The main contents of the Project shall be as follows:

1. Private business name: C development projects;

2. Franchisium: H class;

3. Roster: Not more than 150,000§³.

4. Investment amount: An amount prescribed in Article 4.

5. Project period: Article 4 (Bearing of Project Costs and Support) (1) of the 2010 to 2011, “B” shall bear the following project costs:

1. Various kinds of compensation, such as land, land, and fixtures required for the project;

2. Various construction expenses required for the project;

3. Various design service costs required for the project;

4. All kinds of incidental expenses necessary to implement the project.

(2) “A” shall subsidize various infrastructure costs associated with the development of agro-industrial complexes in accordance with the Industrial Sites and Development Act and the Ordinance on the Promotion of Investment in the City.

(3) Project costs and proceeds for sale shall be deposited in financial institutions jointly established by "A" and "B, and managed and executed."

Article 5 (Matters to be Observed by A, etc.) "A" shall be as follows:

Provided, That it shall not exceed the scope permitted by the relevant Acts and subordinate statutes.

1. General administrative support related to the promotion of projects;

2. Subsidies from the National Treasury and securing of and support for infrastructure;

3. Matters entrusted by “B”, provided that “A” is entrusted.

4. Assistance in sale in lots in agricultural and industrial complexes.

5. Other matters discussed as necessary.