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(영문) 의정부지방법원 2017.11.29 2016가합54411
채무부존재확인
Text

1. Defendant C’s KRW 20,000,000 as well as 5% per annum from July 18, 2014 to August 17, 2017 to the Plaintiff.

Reasons

1. Basic facts

A. Purchasing the land of Defendant B and running an urban living housing construction project 1) Defendant B Co., Ltd. (hereinafter “Defendant B”).

(1) The term “instant project” is a corporation established for the purpose of construction business, etc. for which Defendant C serves as the representative director, and is an urban lifestyle housing construction business.

(D) 429.1 square meter, E large scale 514.4 square meter (hereinafter “each of the instant sites”) to do so.

(2) On August 29, 2012, Defendant B purchased the instant building permit and completed the registration of ownership transfer under Defendant B’s name. (2) On November 22, 2012, Defendant B obtained a construction permit to newly construct one unit of an urban-type residential house with four underground floors and fifteen underground floors on each of the instant sites (hereinafter “instant building permit”).

3) Since the completion of seizure and provisional seizure and the commencement of the auction decision on each of the instant sites, Defendant B’s economic situation has deteriorated, and thus, Defendant B was faced with a crisis that would be infinite in the instant project. (B) While Defendant B, who entered into a partnership agreement with the Plaintiff and Defendant B, intended to attract investment and to change the said situation, the Plaintiff agreed to operate the instant business on May 15, 2014 (hereinafter “instant partnership agreement”).

(1) Article 3(1) of the instant case (the ratio of business share and share) 1

powers and duties of the Commission.

1. A shall have the competence of a prop;

For the authority of the props, the land shall be transferred to B (Defendant B) in the amount of 3.5 billion won.

2.A shall invest an investment of KRW 1.5 billion in order to facilitate the Project.

Investment KRW 1.5 billion shall be disbursed for the portion related to the project in consultation with Gap and Eul.

3.A shall be preferentially apportioned 200% of the total amount of investment in a trust company in the following order of bank loans (such as mid-term loans and construction costs).

4. In addition, A shall have the right to distribute earnings other than the amount falling under Article 2 (1)-3 from earnings accrued at the time of completion of the project.

5. A shall grant subsidies to B for the smooth progress of the project.

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