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(영문) 수원지방법원 평택지원 2018.02.09 2017가단54034
계약금 등 청구의 소
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 100,000,000 and KRW 50,000 among them, from March 23, 2016 to March 2017.

Reasons

1. Basic facts

A. On October 4, 2015, Defendant Incorporated Incorporated Co., Ltd. (hereinafter “B”) entered into a joint agreement with Defendant C Co., Ltd. (hereinafter “C”) with the Defendants to build and sell foreign rental housing (hereinafter “instant rental housing”) (hereinafter “instant joint agreement”) on a joint agreement with the Defendant C Co., Ltd. (hereinafter “instant land”).

Article 2 (Purpose) A (Defendant B; hereinafter the same shall apply) and B (Defendant C; hereinafter the same shall apply) of the instant joint project agreement are designed to obtain development activities on the instant land and build and sell foreign rental housing on the subject matter for which development activities are terminated. The purpose of the instant joint project agreement is to: (a) mutually cooperate to complete such activities within a short period; and (b) to establish matters concerning their rights, obligations and joint projects in order to pursue common interests with Party A and B.

Article 5 (Distribution of Business Profits) A and B, a joint business proprietor, shall jointly distribute business profits after deducting the amount of total expenditures from the total revenues.

Article 9 (Matters under Special Agreement) In addition to the aforementioned matters, if there is any conflict between the general matters and the special agreement, the provisions of the special agreement shall be preferentially applied.

1. The corporation executing this project shall be A.

2.For the purpose of transparency of this project until the completion of this project, Gap and Eul shall manage and trust the object of this project to the trust company.

3. All obligations of events occurring before this co-contract shall be liable to A.

4.The cost of the land in this project shall be 550,000 won per square year in total as 4,770,000 won in total.

The following shall be:

B. The Defendants, who entered into an agency contract with the Defendants for Rose of Sharon, Co., Ltd. (hereinafter referred to as “ Rose of Sharon”) with the Defendants, are in the name of the Rose of Sharon on November 19, 2015.

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