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(영문) 울산지방법원 2017.07.26 2016가합2013
채무부존재확인
Text

1. The plaintiff's lawsuit shall be dismissed.

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

Reasons

Basic facts: (a) On April 7, 2015, the more industry development corporation (hereinafter “instant company”) entered into an investment contract with the Defendant for the F apartment business (hereinafter “instant contract”) and entered into a contract with the Defendant; and (b) the Plaintiff jointly and severally guaranteed the Defendant’s obligations under the instant contract.

The main contents of the instant contract are as follows.

Article 1 (Subject-Matter of Investment) The name of the following business shall be referred to as "multi-family housing project":

place of business: 1Block-1L within the “H Urban Development Project District” located in Ulsan-gun G, Ulsan-do, the obligations of the company and the defendant of this case

1. The instant company, as an executor of the investment project under Section 1 above, shall carry out the following tasks:

5) Upon the conclusion of this Agreement, the instant company shall pay the maximum amount of claims to the real estate in the “Rules-6” within three days after the confirmation of the National Bank, the permitting agency, and the Si Construction. 2. The Defendant shall perform the following obligations as an investor of the investment project under Article 1, as an investor of the investment project. 1) The Defendant shall deposit the instant company into the account under cash KRW 30 million within three days after the registration of the establishment of the right to collateral security and superficies under Article 1, Paragraph 1, 5 of the said Article. 2) The instant company shall be deemed to have received the investment KRW 30 million, and the Defendant shall not issue a separate receipt.

In addition, the registration of the establishment of a mortgage and superficies under Paragraph 1(5)(5) shall be terminated.

1. The instant company at the time of dividend payment shall pay dividends in advance within three months from the date on which the commencement of the “the instant project site” was commenced from the date on which dividends are paid out of KRW 10 million, and the remaining balance shall be KRW 100,000,000,000,000.

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