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1.The judgment of the first instance shall be modified as follows:
The defendant shall pay 1,680,000,000 won to the plaintiff and the defendant shall pay 1,680,000 won.
Reasons
1. Basic facts
A. On January 11, 2008, Seoul Metropolitan Government announced a public tender on a project for the development, construction, sale, and operation of a Grandmark building representing DMC and Seoul Metropolitan Government (hereinafter “instant project”) in the land with a size of 37,280 square meters in size of 37,280 square meters in the site site development zone of the DaMC project site in the area of the DaMC project site in the area of the DaM-dong World Cup in Mapo-gu Seoul Metropolitan Government (hereinafter “instant project site”), according to the Grandmark Building Site Supply Guidelines for the Housing Site Supply.
B. Korean Teachers' Credit Union (Maximum Investors and Representatives of consortiums), the Defendant (Representative Stockholders and Representatives of consortiums), the Plaintiff, Large Forest Industry Co., Ltd. (Construction Investors), the Korea Development Bank, Han Bank Co., Ltd. (Financial Investors), the KNFs Co., Ltd. (Representative Strategy Investors), the Korea Land Trust Co., Ltd., and the Ethth Infrastructure Net Co., Ltd. ( Strategic Investors) entered into the Agreement on Apr. 29, 2008 to participate in the instant project, and submitted a business plan to the Seoul Grandmark Co., Ltd. by organizing the Seoul Grandmark Co., Ltd., and on June 4, 2008, the Seoul Grandmark Co., Ltd. selected the Seoul Grandmark Co., Ltd. as the priority bidder of the instant project.
C. On March 26, 2009, the members of the Seoul Grand Mark consortium agreed to establish the Seoul Libery in the form of a project financial investment company (PFV) as a special purpose company to carry out the instant project. On March 26, 2009, the Agreement between the Stockholders of the Daammark Project (hereinafter “Agreement”) was concluded to regulate the establishment and operation of the Seoul Libery, and the main contents relating to the instant dispute are as follows.