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(영문) 수원지방법원 2017.05.23 2016가합81549
청구이의
Text

1. Suwon District Court 2010Kahap21538 (principal lawsuit) and 2011Gahap11439 (Counterclaim) against the defendant.

Reasons

1. Basic facts

A. On March 31, 2006, the Plaintiffs and the Defendant entered into a real estate consulting contract with the Defendant on the following: (a) obtained permission for development of part of the land owned by the Plaintiffs (hereinafter “instant project site”); and (b) entered into a real estate consulting contract with the intent to build a road and sell it to a third party and distribute profits therefrom (hereinafter “instant consulting contract”).

B. 1) Meanwhile, the Defendant, as Suwon District Court 2010Kahap21538, expressed against the Plaintiffs the intent to refuse to cooperate in the development and sale of the instant project site, and filed a lawsuit seeking compensation for damages, under the instant consulting contract, on the ground that it refused to perform the duty of cooperation under the instant consulting contract. 2) The Plaintiffs did not obtain permission for considerable portion of the instant project site from the Defendant as the Suwon District Court 201Gahap1439, and did not pay considerable portion of the project cost under the instant consulting contract to be borne by the Defendant. While the project under the instant consulting contract was not completed, the Defendant filed the lawsuit against the Plaintiffs even if it received settlement payments from the Plaintiffs first and refused to perform the instant consulting contract, and filed a counterclaim seeking restitution, etc.

3) On June 26, 2012, in the instant prior lawsuit, conciliation between the Plaintiffs and the Defendant as follows (hereinafter “instant conciliation”).

This was established.

1. The Plaintiffs jointly and severally pay to the Defendant KRW 60 million to the Defendant at the same time with the performance of their respective obligations under paragraph (2) by August 31, 2012.

2. By August 31, 2012, the Defendant received payment of KRW 60 million from the Plaintiffs to the Plaintiffs by August 31, 2012:

A. The plaintiffs owned.

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