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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 is a company engaged in the civil engineering and building business, and C Co., Ltd. (hereinafter “C”) is a company engaged in the real estate business, etc., a company which is a new company of Chang-si D Ground Officetel (hereinafter “instant Officetel”).
B. On October 12, 2012, the Plaintiff and E Co., Ltd. were jointly awarded a contract for the instant construction of officetels with C, an executory company.
(hereinafter “instant contract”). (c)
C. On January 24, 2013, the Plaintiff and the Defendant entered into a business agreement and an agent contract (hereinafter “instant business agreement”) with respect to the instant business of constructing and selling the instant officetels (hereinafter “instant business”). The main contents are as follows.
Section 1 (Purpose) The purpose of this Agreement is to clarify the scope of duties and responsibilities between Party A (C), B (Plaintiff), and C (Defendant) and to efficiently manage trust property and proceeds from sale, thereby protecting the buyer and carrying out this Project smoothly.
Article 3 (Roles and Duties of Parties to Contracts) (1) A shall perform the following duties as the implementer of the project:
5.To repay the principal and interest of loans to loan financial institutions necessary for the Project; 10. To conclude all service contracts with Eul, to design, supervise construction works, to sell by proxy, etc.; 19. Lease, follow-up management following occupancy, and management and operation of completed buildings; 2) To perform the following duties as the contractor of the Project:
1. Completion of the responsibility within the construction period, regardless of the payment of the construction cost; 10. Acquisition of the status of an implementer when it is impracticable to implement the project by Gap.
1. Conclusion of a contract for sale, management and trust for the entire project site;
3. Opening an account for managing proceeds from sale and receipt and management of proceeds from sale;
4.Loans, proceeds from sale, etc. relating to the Project.