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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On September 8, 2006, a forest construction corporation (the rehabilitation procedure commenced on June 11, 2012 and appointed A as a manager; hereinafter collectively referred to as “Plaintiff”) entered into a business agreement with the Defendant to newly construct and sell and supply apartment and neighborhood living facilities (hereinafter referred to as “instant business”) with the Defendant on September 8, 2006, and drafted a business agreement (a evidence No. 1; hereinafter referred to as “instant business agreement”) with the following contents.
Article 2 (Methods and Conditions of Promotion of Projects) (1) The defendant, as a project owner, shall perform his/her duties as a project owner, such as the purchase and provision of a project site and the affairs of authorization and permission related to the project, and as a contractor, shall perform the management, design and supervision, sale and public relations of construction and construction related to new construction.
2. The Plaintiff shall pay the Defendant the gold White three million won (Won 13,000,000,000) as the development gains of this project by the final profit security method, and the specific amount and method thereof shall be governed by the provisions of the special agreement of Article 30.
Article 4 (Scope of Duties of Defendant and Plaintiff) The Defendant and the Plaintiff shall faithfully perform the following roles, duties, and responsibilities:
(1) Roles and duties of the defendant
(d) Repayment of principal and interest of loans raised from loan financial institutions in connection with the business;
(m) As regards the expenses to be borne by the Defendant in the name of the Defendant in paragraphs (a) through (l) above, the expenses shall be appropriated to the project expense, and shall not affect the Defendant’s final interest as provided in
Provided, That this shall not apply where the payment method of the final profit is changed upon the plaintiff's request, and the burden of financial expenses, incidental expenses, etc. following the change in the payment method shall be followed as provided in Article 30.
(2) The plaintiff's roles and duties
(a) Execution of a project pursuant to the design documents and this Agreement;
(d)to promote the projects of Article 3;