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(영문) 광주지방법원 2015.06.11 2014가합4226
사업비반환청구
Text

1. The Defendant’s KRW 2,500,000,000 as well as 5% per annum from September 1, 2013 to June 11, 2015 to the Plaintiff.

Reasons

1. Basic facts

A. On July 16, 2010, the Plaintiff Supplementary Intervenor B Co., Ltd. (hereinafter “Plaintiff Supplementary Intervenor B”) and D Co., Ltd. (hereinafter “D”) entered into an investment implementation agreement (hereinafter “instant investment implementation agreement”) to promote an agro-industrial complex development project not exceeding 150,000 square meters (hereinafter “instant project”).

According to the investment performance agreement of this case, the plaintiff supplementary intervenor B and D bear the compensation for the land and the land, the construction cost, the design service cost, and all kinds of incidental expenses incurred in the project of this case. The defendant provided various infrastructure expenses that can be provided under the Industrial Sites and Development Act and the defendant's investment promotion ordinance, provided overall administrative support, various national subsidies, securing of infrastructure and support, etc., and the project cost and the sales amount were deposited in the account opened by the parties and managed and executed by the parties.

In addition, the instant Investment Implementation Agreement provides that a special purpose corporation established by the Plaintiff’s Intervenor B and D shall succeed to the instant Investment Implementation Agreement in accordance with the Industrial Sites and Development Act.

B. A. On July 15, 2010, the establishment of a special purpose corporation and the succession to the instant investment implementation agreement were established by the Plaintiff Intervenor A (hereinafter “Plaintiff Intervenor A”). On July 23, 2010, the Plaintiff Intervenor A obtained approval from the Defendant as a special purpose corporation as stipulated in the instant investment implementation agreement, and succeeded to the instant investment implementation agreement.

C. The Plaintiff’s Intervenor A requested a loan to the Plaintiff, and the Plaintiff’s loan to the Plaintiff, in order to examine whether to grant the loan, the overall administrative support, the National Treasury subsidy, and infrastructure that the Defendant implemented in accordance with the instant investment implementation agreement.

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