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(영문) 대전지방법원 천안지원 2021.01.08 2019가합105040
손해배상(기)
Text

The plaintiff's claim against the defendants is dismissed in entirety.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company established for the purpose of the housing construction business, etc., and Defendant B (hereinafter “Defendant Company”) is a company established for the purpose of the construction, development, and transportation of a golf practice hall, and Defendant C is a former director of the Defendant Company.

B. On July 12, 2017, the Plaintiff, the Defendants, and D Co., Ltd. (hereinafter “D”) entered into a joint implementation agreement with the purport of jointly implementing the real estate development project (hereinafter “instant agreement”) in the Asia-si Eth (hereinafter “instant project”) owned by the Defendant Company, and the main contents thereof are as follows.

In order to jointly implement the real estate development project (hereinafter referred to as the “instant project”) on the Eth page in Chungcheongnam-si, Chungcheongnam-nam, the defendant representative director of the company (hereinafter referred to as “A”) and the D representative director G (hereinafter referred to as “B”) and the plaintiff representative director of the company (hereinafter referred to as “A” collectively referred to as “B”) (hereinafter referred to as “parties”) (hereinafter referred to as “parties”) who are the owner of the land, shall enter into a basic agreement for joint implementation (hereinafter referred to as “the parties”) in accordance with the following terms and conditions and the special agreement, and shall prepare three copies of this agreement as evidence, and keep one copy of each agreement.

Article 1 (Business Outline) Land Address: Dongwon in Chungcheongnam-si: 149,090 square meters (45,100 square meters): Housing (80 square meters) - Land owner (hereinafter “A”): Representative Director of the Defendant Company, Representative Director of the F Business Operators (hereinafter “C”): The Plaintiff’s representative director G-investment company (hereinafter “joint operator”): The instant project under Article 3 (Basic Structure of the instant project) of the Plaintiff’s representative director: the construction and sale between the parties of a single house (I-exclusive franchise).

“A” delegates the implementation agency to “B” and “C” will make an investment of one billion won in daily amount to “B”.

(Provided, That this project is to determine and enforce the Financial PMF.

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