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(영문) 서울중앙지방법원 2018.05.31 2017가합515836
손해배상(기)
Text

1. The Defendant concludes a prop-joint business agreement on July 21, 2016 with respect to each land listed in the separate sheet No. 2 list to the Plaintiff.

Reasons

1. Basic facts

A. On May 16, 2016, the Plaintiff entered into a joint development project agreement (hereinafter “instant joint project agreement”) with the Defendant on each land listed in the separate sheet No. 1 (hereinafter “instant land”) with the effect that “the Plaintiff constructs and sells multi-household lending and other canals, etc. at the Plaintiff’s expense on the land of the instant Ri owned by the Defendant, and pay KRW 3 billion out of the sales revenue to the Defendant as the land price.” On the same day, the Plaintiff paid KRW 200 million in total to the Defendant as the down payment and intermediate payment for the said contract (No. 713, 2016 Ministry D, etc.).

B. On July 21, 2016, the Plaintiff entered into a contract with the Defendant on each of the lands listed in the separate sheet No. 2 (hereinafter referred to as the “instant land,” referring to the land No. 30,000,000 won for each of the above land No. 388,240,000 won out of the sales revenue (hereinafter referred to as the “additional Joint Project Agreement”; hereinafter referred to as the “each of the instant Joint Project Agreement”) with the content that “the Plaintiff shall construct and sell multi-households and other canals, etc. at the Plaintiff’s expense on the instant land No. 30,000,000 won for the instant land owned by the Defendant,” and at the same time, he paid the Defendant the said additional Contract as the down payment (No. 1072, 200,000 won as part payment on the following day).

C. The contents of each joint business contract of this case related to this case are as follows.

- The joint project agreement of this case -

2. The plaintiff and the defendant establish a joint company so that the defendant does not pay the maximum amount of the land price.

The joint establishment company shall be incorporated together by the plaintiff and the defendant.

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