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(영문) 서울고등법원 2018.09.11 2017나2058367
손해배상(기)
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1. The plaintiff's appeal against the defendants is dismissed in entirety.

2. The plaintiff's first preliminary.

Reasons

1. The Defendant Company (A) and the Plaintiff (B) shall draw up an investment agreement related to the investment and progress of the project in connection with the real estate joint project as follows and comply with the mutual trust and good faith agreement.

Section 1 (Purpose) The purpose of this Agreement is to make joint investments with Gap and Eul in connection with real estate investment projects and to distribute the investment amount and the investment return generated from the business.

Article 2 (Definitions Real Estate Investment Business means a business jointly operating funds invested by Gap and Eul for the part D and E of Gwangju City.

Article 3 (Purchase Price of Land Owned)

1. The price for the provision of a site for this project shall be 1,100,000 won per square/unit price;

2. The purchase price shall be KRW 950,000,000 for the registration of transfer of ownership.

3. The purchase price of land for the total project site shall be 446,600,000 won;

Article 4 (Payment of and Timing for Investment in Project Site)

1.The amount of investment set forth in B in this contract shall be four hundred thousand won.

2. Investment 200,000,000 won in January 13, 2012

3. Investment 100,000,000 won in January 30, 2012

4. The investment shall be 100,000,000 won within the end of February 2012, and shall be determined by consultation.

5.A shall input all of the other expenses input by the time when the ownership transfer registration of the main business area other than the investment funds of B is transferred.

6. This Agreement shall become effective at the same time with the transfer to Party A’s account and upon the occurrence of its effect, and upon the failure of the transfer by the agreed date, shall become void.

Article 6 (Shares in Business and Distribution of Payments)

1.For A and B, 50% of the land price: 50% equity shares shall be invested.

2. Gap and Eul shall respectively invest 50 per cent of the costs of construction and civil engineering works: 50 per cent of the equity interest.

3. 50% of all the other expenses invested in the business area when the construction is under way: 50% of the equity shall be invested.

4. A inputs by the time this project is concluded.

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