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(영문) 서울고등법원 2012.11.15 2011나98664
채무부존재확인
Text

1. The plaintiff's defendant at the claim for confirmation of non-existence of the damages claim which was changed in exchange at the trial.

Reasons

1. Basic facts

A. In relation to the status of the party and the relation 1) The Defendant Corporation is the executor of the Sung-nam Housing Site Development Project, and is a project to build a city center complex center with multiple functions, such as main apartment, business facilities, department stores and discount stores, service stops, hotels, cultural facilities, etc., on the commercial area of 137,500 square meters in the business area in question (hereinafter referred to as “instant project”).

The Defendant Corporation established a project company invested by the Defendant Corporation and the private business entity, and then recruited a private business entity to conduct the development project for a specific site owned by the public sector. The public-private partnership project refers to a public-private partnership project that implements the project after the public and private sector jointly invested the development project and jointly incorporated the project company (PFV). The public-private partnership project is to promote the project through a public-private partnership. The public-private partnership project is to receive documents for business application on September 2007 after the public-private partnership project was announced on May 2007, and the project application was scheduled to be completed on December 2012 after the commencement of the project on July 2009. 2) The Plaintiff participated in the project for the construction and sale of multi-family housing, real estate development consulting, and related service business as a private business entity selected as the public-private partnership project entity in this case.

The instant consortium was comprised of two financial institutions, including the Plaintiff, the Korea Local Administration Mutual Aid Association, the Korea Local Administration Mutual Aid Association, the Korea Stock Company, the Korea Educational Foundation Mutual Aid Association (hereinafter referred to as the “Remediate Media”), the Korea Private Teaching Institutes (hereinafter referred to as the “Moho Institute”), 6 companies with Pungsung Housing Co., Ltd., and the Korea Stock Company, 8 companies, including construction investors (cI), and the Korea Development Bank (financial companies, FI), which are financial investors (hereinafter referred to as “the Korea Development Bank”).

3. Defendant.

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