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(영문) 대법원 2015.07.23 2014다45140
손해배상
Text

The judgment of the court below is reversed.

The judgment of the first instance is revoked, and the lawsuit of this case is dismissed.

The plaintiff's total costs of litigation.

Reasons

1. Review of the evidence and records adopted by the first instance court and the lower court reveals the following facts. A.

On August 9, 2005, the Plaintiff entered into a business agreement on the instant development project (hereinafter “instant business agreement”) with Cambodia, a local subsidiary (hereinafter “I”) and B Bank and C Bank (hereinafter “Defendant Bank”), and entered into an additional agreement to determine I’s governance and other matters in addition to the instant business agreement with the Defendant Bank (hereinafter “instant additional agreement”).

The main content of the instant business agreement is that the Plaintiff promoted the instant development project through I and the Defendant Bank arranged to provide funds or arrange to provide funds. As such, the instant business agreement stipulates that the Defendant Bank shall be apportioned 60% and the Plaintiff shall be apportioned 40% of the business profits arising from the instant development project.

In addition, 60% of the shares I transferred to the third party designated by the Defendant Bank according to the instant additional arrangement.

B. The progress of the instant development project and the bankruptcy (1) of the Defendant Bank was expected to proceed with the instant development project over six phases from 2005 to 2018.

However, according to the original plan on December 31, 2010, according to the current plan, it was suspended without completion of the first phase project that should have been terminated in 2007 even though the third phase project is in progress.

(2) From the Busan District Court, B Bank Co., Ltd. was appointed as the bankruptcy trustee of the said Bank on August 16, 2012, and C Bank was declared bankrupt on March 7, 2012 by the C Bank, respectively.

C. A lawsuit in the first instance court (1) The Plaintiff initially set forth in the instant business agreement between the Defendant Bank and the Plaintiff.

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