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(영문) 수원지방법원안산지원 2014.06.26 2013가합8561
구상금
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. The Plaintiff’s acquisition of a charnel project and conclusion of a business agreement 1) A (representative: F; hereinafter “A”).

A) On June 13, 1995, the name of a private charnel (date of a charnel: 10,108, and thereafter the name of a charnel was changed to I, a private charnel with a location of 1,715.16 square meters in G and H, Si-si, Si-si, Si-si, and H.

hereinafter referred to as “the instant charnel house”

(2) On June 26, 1996, A obtained a permit to establish a charnel house (a change) that changes the size of 5,318.4 square meters of the instant charnel house to 25,004, from the Silung City Mayor. 25,000. 2) The F, the representative of A, entered into a business agreement with the Defendants on March 22, 2005.

The contents of the business agreement are as follows: “The Defendant is provided with funds necessary for the instant charnel project to A, and as a result, A is entitled to transfer the right of sale for 35,000 out of the total 35,000 out of the total ruptures to be additionally retained after obtaining permission for modification to increase the ruptures of a charnel to 80

3) On April 3, 2005, the Plaintiff acquired the right to permit the business of the instant charnel from A, and entered into a business agreement with the Defendants on April 6, 2005 with the same content as the aforementioned business agreement on March 22, 2005. (B) On June 13, 2005, the Defendants entered into a contract with the Defendants to acquire the future right to sell the said KRW 35 billion total of KRW 3.5 billion per month (hereinafter “contract for the transfer of the right to sell the instant charnel house”).

The delivery paid to the Defendants the above acquisition price of KRW 10 billion on July 18, 2005, KRW 2 billion on December 9, 2005, KRW 3 billion on November 22, 2006, and KRW 15 billion in total.

2) The Defendants failed to perform their duty to raise funds under the business agreement entered into with the Plaintiff and the Defendants, and all kinds of authorization and permission obligations related to the charnel facilities. The Plaintiff and the Defendants entered into between the Plaintiff and the Defendants on September 20, 2007.

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