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(영문) 서울남부지방법원 2015.01.23 2014가합995

계약해지무효확인 등

Text

1. The Defendant: KRW 35,933,33 of the Plaintiff and KRW 6% per annum from January 28, 2014 to January 23, 2015; and

Reasons

1. Basic facts

(a) The progress of the construction project of a complex building 1) The MPS Co., Ltd. (hereinafter “MecS”).

(C) On August 7, 2008, Busan Shipping Daegu and 92.3§³ and 18 lots of land C construction project (hereinafter “the instant project”) are the instant project.

In addition, the project site and building "I am on the above project site and ground building" are "I am on the project site and building site," and "I am on the said new construction works" is "the construction of the case."

(2) For the implementation of the project, the Corporation (hereinafter referred to as the “Corporation”).

2) The fund of this case shall be the fund of this case, which is set forth in paragraph 2 of the same Article and paragraph 2 of the same Article.

(2) The Bank of Korea, the trustee company of the instant fund, and Dongyang Asset Management Co., Ltd., the asset management company of the instant fund (hereinafter “Dongyang Asset Management”).

B) On April 30, 2010, the Plaintiff entered into a loan agreement with the Bank of Korea on the loan of KRW 75 billion for the investment assets of the Fund. However, the instant agreement was not properly carried out due to the occurrence of the circumstances, such as the Bank’s filing of an application for rehabilitation procedures on April 30, 2010, and the default of interest on the loan by the Bank of Korea.

Accordingly, around August 2012, the Industrial Bank of Korea and Dongyang Asset Management etc. established the defendant and entrusted the business of this case to the defendant.

3) The Defendant, as a project executor of the instant project, is a mobilization construction industry Co., Ltd. (hereinafter “ mobilization construction industry”).

B) Around October 2012, the Defendant entered into the instant service contract with the Plaintiff with the term “instant service contract” (hereinafter “instant service contract”) as follows.

(C) The instant service contract (hereinafter “A”) was concluded. Article 1 (Purpose of this Agreement is to provide Party A and Party B with overall matters and duties between Party A and Party B in the performance of the instant service management services for the instant project that Party A is promoting.