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(영문) 춘천지방법원강릉지원 2017.08.09 2016가단2112
투자금 반환
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. On September 3, 2013, Defendant D, on behalf of Defendant B (hereinafter “Defendant B”), entered into a partnership agreement (hereinafter “instant partnership agreement”) with the Plaintiff and Gangnam-si, with respect to the business that newly constructs 460 households on the land of the Plaintiff and Gangnam-si, Seoul (hereinafter “instant partnership agreement”), as follows, jointly and severally guaranteed Defendant B’s obligations under the instant partnership agreement (hereinafter “instant agreement”).

o The Plaintiff shall invest KRW 30 million in the cost necessary for receiving necessary documents, such as a written consent to the use of the land owner and the establishment of district unit planning and design service cost of KRW 50 million.

(5) Paragraph 5). o Defendant B is responsible and responsible until April 30, 2014 for project approval and sale approval, and will make every effort to promote the feasibility of project.

(2) Paragraph 2). After the completion of the sale of the instant project, profits, other than development costs, shall be divided by Defendant 60% and Plaintiff 40% (Paragraph 6).

On April 29, 2015, when approval of the instant project and approval of the sale were delayed, Defendant D, on behalf of the Plaintiff and Defendant B, additionally invested KRW 50 million in design cost, deferred the time limit for approval of the sale under paragraph (2) to December 30, 2015, and agreed to change the profit distribution ratio under paragraph (6) to the Plaintiff and Defendant 50% (hereinafter “instant agreement”), and written an agreement (hereinafter “instant agreement”).

[Reasons for Recognition: Facts without dispute, entry of Gap evidence 1 to Gap evidence 3, purport of the whole pleadings]

2. Assertion and determination

A. Defendant C also jointly and severally guaranteed Defendant B’s obligations under the instant trade agreement with Defendant D.

The Plaintiff paid a total of KRW 130,000,000,000 as stipulated in the instant partnership agreement and the instant agreement, but Defendant B obtained business approval and approval for parcelling-out.

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