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(영문) 수원지방법원 2015.06.18 2013가합20529
손해배상(기)
Text

1. The Plaintiff:

A. Defendant B Co., Ltd. shall pay KRW 9,961,762 and interest thereon from May 13, 2015 to the date of full payment.

Reasons

1. Facts of recognition;

A. On September 14, 2005, the Plaintiff entered into a Dong business agreement with Defendant E for the development of land (hereinafter “instant Dong business agreement”) with regard to the F, G, and H land (hereinafter “instant land”) located in Chungcheongnam-gun (hereinafter “instant Dong business agreement”) and entered into the Dong business agreement including the following:

① Defendant E shall receive KRW 200 million for a partnership business contract and proceed with the business with the Plaintiff, and shall delegate his husband to I (design, construction, sale and purchase) with the power of attorney attached to a certificate of seal imprint.

(2) Construction expenses and design expenses shall be borne by the plaintiff.

(3) The responsibility of Defendant E is for the appropriate recovery expenses and forest substitute afforestation expenses.

(Provided, however, that the Plaintiff and Defendant E50 large scale 50). (4) After the development of forests and fields, the remaining profits after deducting all of the investment cost, construction cost, and design cost, shall be divided into 50 large scale 50,000 won and 675,000 won and J 40,000,000 won and 200,000 won and 50,000 won.

(5) If the factory site is no longer traded until August 2006, the land shall be determined as 1.4 billion won, and the land shall be the down payment, intermediate payment, and remainder along with the amount of investment in the construction work design, and the forest and the factory site shall be registered by dividing it into 50 to 50.

(6) In selling and selling forest land outside a factory site, part of the loans shall be repaid and the remainder shall be paid with construction costs and appropriate restoration expenses.

B. The Plaintiff paid to Defendant E a total of KRW 200 million on September 6, 2005, and KRW 140 million on September 14, 2005, as a contract amount under the instant trade agreement.

C. On January 19, 2006, Defendant E completed the registration of the establishment of a mortgage consisting of Defendant E, a mortgagee, K, the maximum debt amount of KRW 50 million with respect to H out of the instant land, and on July 18, 2006, Defendant E, a debtor E, a mortgagee L, and the maximum debt amount of KRW 50 million with respect to F out of the instant land.

Afterward, according to the application of the voluntary auction by the GiHychi Agricultural Co., Ltd., which is the right to collateral security, July 2006.

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