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(영문) 수원지방법원 2016.01.27 2015나24215

예치금반환

Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The position of the party is 1) The position of Pyeongtaek-si C 688 square meters (hereinafter “instant land”).

D and eight other co-owners (hereinafter referred to as “owner”).

A) On the instant land, an officetel of the size of 1st underground and 20th ground level on the instant land (hereinafter “instant officetel”).

2) The instant project was to be newly built, and the instant project was to be carried out to E (hereinafter “instant project”).

(2) The Plaintiff is a director of F Co., Ltd. (hereinafter “Nonindicted Company”) and G had the order of the chief of the office of Nonparty Company.

B. On April 2014, the non-party company entered into a prop joint business agreement with the owner as follows.

Article 3 (Rights and Duties)

(a) Cooperation in design, detailed construction, and geological survey reports, such as the rights and duties of the owner, (1) ownership of the project site, and (5) Building permission conditions and changes related to construction works;

B. The rights and obligations of the non-party company: (a) the burden of expenses incurred in relation to the trust of the project site through the financial institution and construction works of the project, the selection of trust companies, etc.; (b) the liability to pay various taxes and public charges; (c) royalties and contributions to the project site; (d) the securing of financial institutions to raise project costs, such as project costs and construction costs; and (c) the requirements for authorization and permission, cooperation in administrative affairs, and civil petition affairs, etc. shall be void if the non-party company fails to raise project costs within three months from the date of

Article 12 (Decisions and Responsibilities) All the results arising in connection with the implementation contracts prescribed in Article 3 shall be jointly responsible for the owner and the non-party company, and a dispute or loss arising from an independent decision-making shall be recognized as the responsibility of the decision-making party, and the loss shall be borne by the profit-making party when the loss occurs.