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(영문) 의정부지방법원고양지원 2014.04.09 2012가합5322
손해배상 등
Text

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

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

Reasons

1. Basic facts

A. The Plaintiff is an executor of the instant sales business (hereinafter “instant sales business”) that newly constructs and sells B underground floors, 38 units of detached houses, and auxiliary facilities (hereinafter “instant building”).

B. On May 31, 2007, the Plaintiff entered into a business agreement with Defendant Samsung Heavy Industries Co., Ltd. (hereinafter “Defendant Samsung Heavy Industries”), New Bank Co., Ltd. (hereinafter “New Bank”), and New Heavy Capital Co., Ltd. (hereinafter “New Capital”) on a loan of 24 billion won with the Plaintiff from the new bank and New Heavy Capital and repaid 24 months from the first withdrawal date ( March 8, 2007). The Defendant Samsung Heavy Industries completed the responsibilities for the new construction of the instant parcelling-out project, and the construction cost was set at 52.2 billion won (hereinafter “the first business agreement”).

C. On March 2008, the Plaintiff entered into a contract with Defendant Samsung Heavy Industries, setting the construction cost of the new construction of the instant parcelling-out project from the Plaintiff, as 56.7 billion won, and as 16 months from the date of commencement of the construction period (the date of receipt of the commencement report).

On March 11, 2009, the Plaintiff borrowed 9 billion won in addition from the new bank, new capital, and the Defendants (hereinafter “the Plaintiff”), and make a modified loan and business agreement to the effect that “the Plaintiff borrowed 9 billion won in addition from the new bank, new capital (the total loans shall be 3 billion won), and repayment shall be made at the maturity of 47 months from the first withdrawal date, and Defendant Asian Trust Co., Ltd. (hereinafter “Defendant Asian Trust”) is entrusted with the business site and its ground buildings in accordance with the management-type land trust agreement as a trustee, and the Plaintiff shall additionally invest 1.5 billion won in the project cost of this case, and the Defendant Samsung Heavy Industries shall be completed by the maturity of the loan, and the construction cost shall be 42.4 billion won in the construction cost (hereinafter “the second business agreement”).

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