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(영문) 광주지방법원 2016.01.29 2014가합5649
양수금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On June 7, 2010, the Defendant entered into an agreement on the joint project to create a site and remove earth and sand (C) on June 7, 2010 with respect to the creation of a site and the removal of part of E and F (this part of forest was changed to G following a merger and division; hereinafter “the instant forest”).

The Defendant (hereinafter referred to as “A”) and C (hereinafter referred to as “B”) enter into this Arrangement with a view to determining the basic matters concerning the business between the parties for the creation of sites, earth and sand, and taking out (hereinafter referred to as “the project”) on the land set forth below, with a view to determining the basic matters concerning the project (the premise that the single supplier may change).

In performing the above construction work, “A” has ceased to exist due to the shortage of funds due to the construction of the site, but “B” shall, subject to the following conditions:

Part 1 of the General Provisions of Chapter 1. The outline of the project shall be as follows:

1. Business name: The project name: the creation of the factory site in which the credit rating company has raised and the sale of earth and sand;

2. Project area: E, F (two parcels) in Jeonnam-si.

3. Site area: An area in public account book; and

4. Use: Article 3 (Apportionment of Work and Ratio of Shares), Article 3 (Transfer of Shares and Ratio of Shares), Article 3 (Transfer of Shares in Business), and Article 2 shall share the business in order to achieve the objectives of this project and determine the following shares:

3) Determination of “A”’s shares of earth and sand and rock sales profits shall be 30 per cent. 4) Determination of “B”’s shares of earth and stone sales profits shall be 70 per cent.

(a) Article 6 (Preparation of Required Funds) is to raise the required funds by the following means:

1. By June 9, 2010, the amount sought by A shall be paid by June 201.

Article 8 [Distribution and Settlement of Profits] (1) A and B shall promote this project.

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