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(영문) 서울동부지방법원 2016.08.19 2016나21836
추심금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff, including the costs of supplementary participation.

Reasons

1. Facts of recognition;

A. Conclusion of business agreement 1) The Intervenor joining the Defendant (hereinafter “ Intervenor”)

(2) Around November 2010, the Plaintiff entered into a business agreement with the head of Si/Gun/Gu to newly build and sell neighborhood living facilities on the ground of the above land, and on February 22, 2011 and March 28, 2011, some of the details of the agreement were changed.

(hereinafter “instant business agreement”). The main contents of the instant business agreement are as follows.

(In accordance with the expression of a business agreement, participants are expressed as “A”, “B”, and “B.). Article 2 (Method of Implementation of Projects) “A” establishes K Co., Ltd. as joint business operators of old-si land and building in kind by investing in kind the business site, etc., and K Co., Ltd. shall be a business operator, and it shall be leased and sold by newly constructing, on the project site, one story below ground and six stories above ground (5,368 square meters of total floor area of building) and neighborhood living facilities for sale.

Article 3 (1) (Establishment of Juristic Person) (1) A shall establish a juristic person in conformity with the requirements for conversion into the juristic person under Article 32 of the Restriction of Special Taxation Act, and be a stockholder after receiving stocks in accordance with

(2) Shareholders and B shall be directors, and the representative director shall jointly exercise the power of representation with E and C2 persons and three representatives shall be a full-time director.

Section 5 (1) Construction of the Project shall be carried out under a separate contract between B and B.

(2) The funding for new construction of a building will be zero.

If profits from the sale price and security deposit occur during the construction, Gap and Eul shall be jointly managed, and the amount of revenue may be used as construction costs in consultation with Gap, but they shall be used as the top priority when E and D request it as the sale price of stocks.

(3) The building B shall be completed by September 30, 201, and shall compensate for losses incurred due to the failure to complete the construction within this period.

Article 6 (Lease and Sale of Building)

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