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(영문) 서울동부지방법원 2016.08.30 2015가합101946
손해배상(기)
Text

1. The Defendant (Counterclaim Plaintiff) together with the Plaintiff (Counterclaim Defendant) about KRW 400,000,000 and KRW 200,000 among them.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On February 20, 2014, the Plaintiff and Defendant B entered into a joint agreement with D Co., Ltd. (hereinafter referred to as “D”) on the progress of the E-si and E-F (hereinafter referred to as “each of the instant real estate”) ground G development projects (hereinafter referred to as “instant joint agreement”) (hereinafter referred to as “the instant joint agreement”) with D Co., Ltd. (hereinafter referred to as “D”), and the contents relating to the instant case are as follows.

Article 2 [Subject of Business] Defendant B and the Plaintiff shall assume office as joint representative director in relation to the business and distribute the shares of the Party to 50:50 at the same time, and important matters related to the business shall be dealt with by mutual agreement between Defendant B and the Plaintiff.

Article 3 [Business Contribution and Cooperation] The defendant B and the plaintiff shall promote the business under the joint name and jointly manage the funds invested in the business, and shall comply with the following matters:

1) Defendant B is responsible for all business activities, such as a land sales contract for a project site, and is in charge of all other rental business outside of a financial business, and immediately after the preparation of this Agreement, Defendant B is a corporation D (hereinafter, hereinafter, referred to as “D”) according to the agreed matters

(2) The Plaintiff shall be in charge of operating and managing the overall management of the project.

Article 4(Joint Business Investment)(1) Of the total purchase price of land 4 billion won per day for the joint promotion of the project, Defendant B invested KRW 1.6 billion for the total purchase price of land 3 billion, and the Plaintiff invested KRW 200 million with the outstanding payment of KRW 200 million, and the amount of KRW 100 million shall be used as operating expenses to carry out the project as soon as possible under this Agreement. (2) Upon the execution of the Plaintiff’s investment under the above paragraph (1) above, Defendant B disposes of the land price in the project site which was not paid under his own responsibility as a substitute (calculated as KRW 1.5 billion with the calculation of KRW 1.5 billion-sale price as a substitute).

(2) the project; and

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