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(영문) 서울서부지방법원 2017.09.13 2016가단252082
구상금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff, a foundation established for the purpose of the creation and maintenance of a park cemetery, the charnel facility, the funeral hall, and the installation and operation of a crematorium, is operating a park cemetery under the name of “D” in two buildings related to graveyard C ( C) located in the Pakistan-si (hereinafter “instant charnel”).

The defendant is a company with the purpose of analyzing rights, such as comprehensive consulting business, auction, etc., and acting as an agent for acquisition mediation.

B. On July 31, 2009, the Plaintiff entered into an agreement with the Defendant on the development agency (hereinafter “instant development agency agreement”) with regard to the construction of a new house and the establishment of a new house and the establishment of a financial loan arrangement (hereinafter “instant development agency agreement”). The main contents are that “the Plaintiff shall secure the project site, obtain authorization, etc., and the Defendant shall perform the business related to the construction project, such as the selection of the contractor, etc., and the sales and marketing of a charnel house, and the Plaintiff shall provide the Defendant with a payment of KRW 7,500.”

C. The Defendant, etc. selected a promotion enterprise for the construction of the instant charnel (hereinafter “promotion enterprise”) as the Si Corporation, and the Plaintiff ordered the promotion enterprise to build a new charnel house.

On June 16, 2010, the Plaintiff agreed to obtain a loan of KRW 20 billion from the Green Insurance Co., Ltd. (hereinafter “Korea Green Insurance Co., Ltd.”). The Defendant, the promotion company, and the Plaintiff’s director E, and the Defendant’s actual operator F jointly and severally guaranteed the Plaintiff’s debt for Green Damage Insurance.

In addition, the Plaintiff, its Green Damage Insurance, the Defendant, its promotion enterprise, its E, and F entered into a business agreement on the same day (Evidence A No. 3-1, hereinafter “instant business agreement”), and the main contents relating to the instant case are as follows.

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