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(영문) 서울중앙지방법원 2020.02.06 2018가합575231
채무부존재확인
Text

1. On March 23, 2017 between the Plaintiff and Defendant B among the instant lawsuit against Defendant B.

Reasons

1. Basic facts

A. From around 2013, E, the representative director of the Plaintiff, who entered into a joint business contract between E and Defendant B, commenced the business of developing housing sites and constructing multi-family housing (383 households) (hereinafter “instant business”).

At the time of the instant project, G Co., Ltd. (hereinafter “G”) whose representative director was E entered into a joint project agreement with Defendant B Co., Ltd. (hereinafter “Defendant B”) on July 8, 2013 and July 10, 2013, and entered into a joint project agreement (hereinafter “instant joint project agreement”) with the following details on April 7, 2014.

As a joint business proprietor of the instant project, G (hereinafter referred to as “A”) and Defendant B (hereinafter referred to as “B”) enter into a joint business agreement with respect to the joint business as follows:

Article 2 (Joint Project)

1. “A” shall carry out the affairs related to land contracts and land owners, and the affairs related to authorization and permission;

2.A “B” shall carry out the financing of the essential project costs of the project site of this case and the construction and financial services.

Article 4 (Duties of Sports)

1. Land, part payments, district units, and authorization and permission-related affairs necessary for the project in this case;

2. Business consultation and design related to the land owner necessary for the progress of the project in this case, and Article 5 of the Ordinance of the relevant authorities related to the authorization and permission-related rental business consultation shall be entrusted

1. Selection of a financial company of the land balance and the essential project cost necessary for the progress of the project in this case and related affairs;

2. “B” shall undertake all the selection of the contractor of the project in this case and all the related work consultations.

3. “B” shall procure essential project costs necessary for the implementation of the project in question for the smooth progress of the project in question, and the amount of the procurement shall be KRW 500 million and shall be deposited into the account “A” whenever necessary.

Article 6. Special Agreements

1. Method of Payment of Proceeds - The amount of KRW 500 million of the invested principal of “B” shall be paid first after the completion of the PF and shall be the business revenue.

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