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(영문) 수원지방법원 2016.12.15 2015가합65076
손해배상 등 청구의 소
Text

1. The Plaintiff’s obligation against the Defendants under a joint venture agreement between the Plaintiff and the Defendants on July 9, 2013.

Reasons

1. Basic facts

A. The Defendants, on July 1, 2013, purchased D large 3,184 square meters and E large 3,192 square meters (hereinafter “instant land”) developed by the Gyeonggi-do City Corporation as a housing site, and offered a project to build and sell welfare houses for the aged at the same time (hereinafter “instant project”) as follows.

Location: D and EF site area: 13 billion won: 2 billion won underground, 15 billion won ground, and 267 households direct construction cost: approximately 36.7 billion won as of the welfare house for the aged: 1M investment securities and financial consultation; 2.5 billion won as of the date of consultation (LTV 65%); 3.5 billion won as of the specific IM investment securities and 7.5 billion won as of the 73 billion won PF (PF 1.5 billion won as of the project financing : 4.5 billion won as of the project financing 2.5 billion won (PF loan hereinafter referred to as “PF loan”); 1.5 billion won as of the date of consultation on the sale and purchase of real estate, 6.5 billion won as of the date of consultation on the sale and purchase of real estate, 3.5 billion won as of the date of consultation on the security of real estate 1.5 billion won as of the date of implementation; 1.5 billion won as of the implementation of the plan 6.5 billion won as of the project.3 billion won

B. On July 4, 2013, the Plaintiff accepted the Defendants’ business proposal and entered into a pre-sale agreement with the Gyeonggi-do Si Corporation on the instant land, and paid KRW 653,480,000 as the pre-sale agreement to the Gyeonggi-do Si Corporation on the same day.

C. On July 9, 2013, the Plaintiff entered into a joint agreement with the Defendants to specify the project proposal (hereinafter “instant agreement”). The main contents of the instant agreement are as follows.

Article 3 (Joint Business Method) The Plaintiff and the Defendants share their duties and cooperate with each other to achieve the objectives of the instant business as follows:

1. The implementing corporation of the instant project is Defendant B or is separate in consultation between the Plaintiff and the Defendants.

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