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(영문) 수원지방법원 2019.07.11 2018가합2861

손해배상

Text

1. The plaintiff's claim is dismissed.

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

Reasons

(2) On July 1, 2016, the Plaintiff entered into a contract to purchase KRW 800,000,000 from E and paid KRW 80,000 to E on the same day the down payment was paid to E on the same day. On July 7, 2016, the Plaintiff entered into a contract to purchase KRW 370,000,000 from G to purchase KRW 1/2 shares of KRW 370,000 in the wife population H and its ground, and paid KRW 37,00,000 to G deposit on the same day.

On the other hand, when the plaintiff, who is the buyer in each of the above contracts, gives up the down payment and decided not to claim the return of the down payment to each seller.

B. On September 27, 2016, the Plaintiff’s representative director, the Defendant, and Nonparty K entered into a joint agreement to jointly carry out a project for developing detached houses (hereinafter “instant agreement”) with a single unit of each of the above real estate (hereinafter “instant project”). The main contents are as follows.

§ 2. [Status and Stockholders] The officers and shares of the operator of the project shall be determined as follows:

* Representative Director, number of J. 45%* In-house Directors, Defendant 45% of the number of stocks * Reduction K, number of stocks 10% [executive and duties]

A. The executive officers of the Plaintiff of the project will take office as the representative director and carry out the project, such as overall administration of the sale of buildings and selection of the additional project site, and the Defendant shall take office as the inside director and exercise overall control over all basic fund support and housing construction.

B. K shall administer all affairs and finance in order to smoothly proceed with this project at the neutral location of J and the Defendant.

C. In the course of the project under this Agreement, if there is a dispute possession between the J and the Defendant, the J and the Defendant must seek a resolution through consultation with K in a neutral position, and K will only engage in a neutral duty under the good faith and good faith so as not to impede the progress of the project.

Article 5 [Operation of Joint Business] J and the Defendant add approximately 13,00 square meters and additions to the present contract site of approximately 9,700 square meters.