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(영문) 서울중앙지방법원 2016.04.26 2014가합585971
대여금
Text

1. The Plaintiff:

A. Defendant B shall complete the payment of KRW 449,918,031 and KRW 300,000 among them, from April 1, 2016.

Reasons

1. Facts of recognition;

A. By October 18, 2012, Defendant B was the representative of Defendant Incorporated Foundation C (hereinafter “Defendant Incorporated”) (from D to April 17, 2013; hereinafter “Defendant Foundation”) and E, as a certified public accountant, performed the captain’s duties, etc. of Defendant Incorporated Foundation.

The plaintiff and defendant B became aware of the introduction of E, and all three persons are the post-high school line.

B. In around 2012, the Plaintiff, Defendant B, and E entered into a partnership agreement with the content of the joint implementation of the instant joint implementation agreement to jointly implement a project for improving the environment of the Seoul Jung-gu Seoul Metropolitan Government F District (tentative G construction). The details thereof are as follows.

The purpose of this Agreement is to provide for the matters related to the role sharing of Gap/B and profit sharing in the joint implementation of the F District Urban Environment Improvement Project (tentatively referred to as "New Construction Project") by Gap/B.

[Article 2] The role of each participant Gap/B in the implementation project partnership is as follows.

(1) Defendant B, as a prop of H-owned land, shall consent to the use of the land relating to the development project for the smooth progress of the project and shall provide its own land when it invests in the capital or investment funds necessary for the establishment and operation of the development project related to the development project.

(2) “B”, as the representative of the implementation company I, shall take charge of all the responsibilities and duties of the representative in connection with the implementation project, the accounting of the corporation and the operation of the funds, and the raising of funds.

(3) The Plaintiff is the PM (project manager) of the joint implementation project, and is in charge of the overall practical affairs related to the implementation project (the comparison of enforcement officers and financial consulting, etc.).

In addition, as a responsible attitude for personal financing financing of A, a partner of a joint business, the amount of cash KRW 300 million is extended until November 9, 2012.

C. The instant case.

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