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(영문) 서울중앙지방법원 2014.12.19 2013가합532482
약정금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. The following facts shall be acknowledged, either in dispute between the parties or in full view of the purport of the entire pleadings, as a result of the appraiser B’s seal imprint appraisal of Gap evidence Nos. 1, 3, 9, Eul evidence Nos. 1, 2, 3, 7, and 8 (including each number; hereinafter the same shall apply), and as a result of the appraiser B’s seal imprint appraisal.

A. The Seoul Northern Highway Construction Co., Ltd. (hereinafter “Treatment Construction”) is a company that is responsible for designing and executing the “construction works on the old or Seocheon Expressway,” and the Seoul Northern Expressway Co., Ltd. (hereinafter “Seoul Northern Expressway”) is a special purpose company established by the Construction of Treatment Construction, which is designated as the project implementer of the “Guri-ri or Seocheon Expressway Highway Private Investment Project.”

B. The “Gu-ri-Yancheon Highway Private Investment Project” was promoted to resolve the traffic congestion between South and North Koreas in the metropolitan area, the Dong-ri-si and the Northern metropolitan area, and the “Gu-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-Gu Citizens’ Countermeasures Committee on the Passing-ri-ri-ri-ri-ri-Gu Residents’ Compensation Committee (hereinafter “crime subrogation”) demanded the change of the route on the ground that the section passing through Gu-ri-si-ri-ri-ri-ri-ri-ri-

C. Accordingly, the Seoul Northern Highway constituted the “Gu Council for Selection of Routes from Gu Council to Sincheon Highway” and the Seoul Northern Highway constituted a “Council for Selection of Routes from December 10, 2008 to July 13, 2009, after completing the agreement on the route through practical consultation on twelve occasions from October 13, 2010, and written an agreement (hereinafter “instant agreement”) based on the agreement around October 13, 201.

Meanwhile, on the other hand, on August 30, 2010, the Plaintiff and Defendant Northern Expressway (Seoul Northern Highway) donated KRW 10 billion to the Plaintiff on August 30, 2010, the donation of this case, “No. 1, No. 2, No. 3,” and “the donation of this case.

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