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(영문) 전주지방법원 2019.06.12 2018가합199

양수금

Text

1. The application for intervention by an independent party intervenor shall be rejected;

2. The Defendants are jointly and severally liable to the Plaintiff for 70,000,000 won.

Reasons

1. Basic facts

A. On March 31, 2015, F and E entered into a joint project agreement with F and E (hereinafter “instant joint project agreement”) with the following contents (hereinafter “instant joint project agreement”).

A) The Plaintiff’s representative director E and F of the joint project agreement is the Plaintiff’s representative director, and the Plaintiff’s representative director, and the Plaintiff’s representative director, and the Plaintiff’s representative director and F are the Plaintiff’s newly built apartment units on approximately 23 lots

For this purpose, the E and F agree on the basic project under this project and enter into this Agreement.

Article 3 Project outlines of this case are as follows:

The name of the project: The site area of the new apartment construction project except G: approximately 8,000 square project outlines: The project plan and the details of confirmation on the future authorization/permission;

b. Article 4 Joint Business E and F, out of the required funds (as approximately KRW 2.5 billion to KRW 3.5 billion) anticipated to achieve the objectives of the instant project, F, which invested a KRW KRW 3 billion and provided a know-how in a series of process of the project, such as land services contract, design, construction work selection, and P/F, and funding necessary for the remainder of the project, shall be borne by E, and the ratio of profit distribution shall be KRW 49% and KRW 51%.

Article 5. E and F shall raise the total amount of project expenditure and land non-deposit down payment in relation to the instant project in accordance with the agreement.

2) E is between H and I on May 8, 2015, the answer 5,445 square meters in Chungcheongnam-gun, Chungcheongnam-do (hereinafter “instant land”).

(3) On June 9, 2015, E concluded a sales contract with each purchase price of KRW 1,00,175,000 for each one-half portion of each purchase price, and paid KRW 100,817,500 each as the down payment to H and I on May 13, 2015, E paid KRW 100,817,500 each as the down payment. As for the remaining payment date of the instant land, E delayed the selection of the contractor on June 9, 2015, and sent a document verifying the contents of the sales contract to F on the grounds that the F is in a bad credit position.

F. F. E. July 21, 2015