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(영문) 수원지방법원 2017.06.09 2017가합103
추심금
Text

1. The defendant shall pay to the plaintiff KRW 13,353,544,186 and KRW 10,405,034,616 among them to the day of complete payment.

Reasons

1. Basic facts

A. Defendant Union and Samsan Engineering, and Energy Forum, and A’s acquisition of bonds 1) Defendant Union and Mutual Aid Association are entrusted with the implementation of the project between the Defendant Union and Samsan Engineering, and the Korea Energy Forum.

In order to promote the project, it was established on December 7, 2002 and obtained the designation of an urban development project implementer and the authorization to establish an association from the Ulsan Metropolitan City Mayor on April 11, 2005. The Defendant Union is a Samsung Engineering Co., Ltd. (hereinafter “Tan Engineering”) on March 28, 2003.

2) On September 8, 2005, the Korea Energy Forum (hereinafter “Energy Forum”) concluded a contract to transfer the instant business consignment right to KRW 30 billion (hereinafter “instant transfer contract”) with the Defendant association’s ownership transfer cycle of land secured in recompense for development outlay, which was to receive in return for the implementation of the instant project.

On November 28, 2006, the Energy Forum entered into a sales contract to transfer the ownership of 33,953 square meters of Espart (hereinafter “instant development recompense land”) out of the land allotted by the authorities in recompense for development outlay in accordance with the instant transfer contract and the transfer contract of this case to 30 billion won.

3) On March 24, 2008, the Energy Forum notified the non-party A corporation (hereinafter “A”) on August 4, 2008 that the transfer contract of this case would be cancelled on the ground that the progress of the instant project was unsatisfyed and the third engineering did not perform an agreement to submit a notarized document guaranteeing the transfer contract of this case. 4) On October 23, 201, the Energy Forum transferred to the non-party A corporation (hereinafter “A”) the right to claim the return of the transfer price against the third engineering due to the cancellation, invalidation, and cancellation of the transfer contract of this case, and on October 23, 2010, the Korea Energy Forum transferred the right to claim the return of the transfer price against the third engineering by the Energy Forum.

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