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(영문) 서울남부지방법원 2015.06.18 2014가합109144
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On August 9, 2011, the Defendant agreed to jointly undertake the business of constructing and selling multi-household houses on the Gangseo-gu Seoul Metropolitan Government C large 278.9 square meters (hereinafter “instant land”) owned by the Defendant.

B. On August 30, 2011, the Plaintiff (hereinafter “Plaintiff”) entered into a contract with the Defendant to enter into a contract with the said multi-household housing construction (hereinafter “instant construction”) stipulating that the said multi-household housing construction (hereinafter “instant construction”) will be awarded a contract by setting the construction cost of KRW 739.2 million (including surtax) and the construction period from September 1, 201 to December 31, 201, with the period of construction as from September 31, 2011.

(hereinafter “instant contract”). (c)

In the presence of the Plaintiff on September 15, 2011, the Plaintiff prepared and delivered a letter of performance stating that “In any case, the Plaintiff does not claim the Defendant the construction cost specified in the instant contract and the implementation under the instant contract, and promises to make all claims to B, a joint business proprietor,” and that B withdraws from the said business on November 15, 201.

On November 17, 201, the Plaintiff and the Defendant concluded a joint project agreement (hereinafter “instant joint project agreement”) with respect to the instant construction and sale as follows:

Article 3 (Obligation of Defendant) (2) With respect to the instant land owned by the Defendant, the Defendant shall receive 1.1 billion won after completion of the project from the Plaintiff in return for a joint project.

Article 4 (Obligation of the Plaintiff) (2) The Plaintiff shall be responsible for all acts related to the construction, such as enforcement, construction, sale, taxation, registration, etc. of real estate in the business, and perform the development project.

③ The Plaintiff shall preferentially pay 1.1 billion won after completion of the project to the Defendant in return for a joint project.

⑤ The Plaintiff may not charge the Defendant all expenses under the pretext of the joint project.

Article 5 (Distribution of Business Profits) (1) The amount of revenue of the defendant in relation to this project shall be the total amount of business profits.

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