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(영문) 서울남부지방법원 2014.11.18 2014가합105210
손해배상(기)
Text

1. Defendant C Co., Ltd. shall pay to the Plaintiff KRW 400,000,000 as well as its annual interest from November 30, 2010 to June 5, 2014.

Reasons

1. The details of the business of Article 2 (Contents of Business) of the Basic Facts (hereinafter “instant Construction”) are as follows:

1. Project name: E-family reconstruction work;

2. Location: Seo-gu in Gwangju (No. 3 omitted).

4. Main contents: Standards for lottery (the principal duties of D) (the fractional omission) (the duties of each company) (the main duties of D).

1. Defendant B Co., Ltd. (hereinafter “Defendant B”) has the status as a manager to promote the instant construction project in a stable manner.

2. Defendant C Co., Ltd. (hereinafter “Defendant C”) shall participate in the instant construction as a DMF partner for the instant construction project.

3. The Plaintiff shall participate as a D design and construction partner for the instant construction project.

Article 4 (Scope of Duties and Sharing of Expenses)

1. The Defendants actively cooperate in ordering construction works to the extent designed by the Plaintiff in the instant construction work.

2. For the smooth early progress of the business, the Plaintiff shall subsidize the pre-operating operating expenses and participate in the design and obtain the construction rights therefor.

Article 6 (Termination of this Convention) The Convention shall be automatically terminated if:

2. Where a reconstruction project of Gwangju F (E apartment) is nonexistent or delayed.

A. On October 21, 2010, the Plaintiff entered the Defendants as the parties, and drafted a “project agreement for the promotion of the re-building DD project” (hereinafter “instant agreement”), and the parts related to the instant case are as follows.

B. The instant agreement was signed by Nonparty G as a business representative of Defendant B, and Nonparty H as a director of Defendant C.

C. After preparing the instant agreement, the Plaintiff paid KRW 400 million to H, etc. as business support expenses by November 30, 2010.

Defendant B failed to be selected as a supervisor of the instant construction project, and the Plaintiff failed to receive a subcontract for the said construction from the Defendants.

[Ground of recognition] On Defendant C: Defendant o who is deemed to have been admitted pursuant to Article 150(3) of the Civil Procedure Act.

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