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(영문) 서울중앙지방법원 2019.10.16 2018가합580875
대여금
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The E Co., Ltd. (hereinafter “E”) purchased the FF source in the prime city and agreed to conduct a special project on development activities, etc. in the urban park site as stipulated in Article 21-2 of the Urban Park and Green Areas Act (hereinafter “the instant special project”). Of the total project site, 70% (323,784.6m2) of the total project site was created as a park and donated to the prime city at the prime city, and the remainder of 30% (138,764.8m2) was planned to install a non-park facility.

B. Accordingly, on July 25, 2014, the Plaintiff’s fraud, Defendant B Co., Ltd (former trade name: H: hereinafter “Defendant B”), and Defendant C purchased part of the non-park facility site for the instant special purpose project from E (SPC) and entered into a business agreement (hereinafter “instant development project”) with the following contents in order to carry out the development project including multi-family housing, etc. (hereinafter “instant development project”).

Article 2 (Reverse and Responsibility) (1) When this Agreement is concluded on the roles and responsibilities of G and the timing for payment of operating funds, the amount to be paid. 200,000 won

1.For the Project, the ratio of shares in Section 3(SPC shares) G and the SPC participation of Defendant B in raising and paying the following costs:

1. Defendant B shall establish the SPC prior to approval of the implementation plan of the project.

(2) The ratio of SPC shares in G shall be 10%.

However, in the process of implementing the instant development project, where a third party's participation in the SPC is additionally required, 10% of the remainder except the third party's share shall be adjusted to G's share ratio.

(3) The representative director of SPC shall be those designated by Defendant B.

Article 4 (Options) (1) The defendant company or the defendant company designated by the defendant company shall have the right to purchase all shares owned by G in the amount of one billion won.

Article 5 (Termination of this Arrangement) The effects of this Arrangement shall cease to exist if:

(2) G or defendant company is justified.

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