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(영문) 서울중앙지방법원 2017.12.14 2017가합522957
계약금 반환 청구의 소
Text

1. All of the lawsuits against the Plaintiff, Daewoo Construction Co., Ltd. and Samsung Construction Co., Ltd. shall be dismissed.

2. The plaintiff shall communicate with the plaintiff.

Reasons

1. Facts of recognition;

A. The parties concerned 1) The Defendant is a co-implementer of the Housing Site Development Project for the Mine Dental District with Gyeonggi-do, Suwon-si, and Chungcheongnam-si, and is a special planning zone 6, which consists of commercial land of 122,510 square meters in total area and main complex site within the Mine Dental District (hereinafter “instant project site”).

2) The project is to create a complex commercial and cultural space (hereinafter referred to as “instant project”) by means of “private-public joint PF project.”

On Apr. 15, 2008, the private business operators of the above business were recruited. 2) The plaintiff Daewoo Construction Co., Ltd. and the joint construction Co., Ltd. (hereinafter referred to as the "Co., Ltd.") are part of the members of the private consortium participating in the public offering of the instant business (hereinafter referred to as the "instant consortium"), and the instant consortium entered into a business agreement with the defendant on Nov. 12, 2008, and entered into each amendment agreement (hereinafter referred to as the "instant business agreement") on Mar. 26, 2009 and Dec. 31, 2010. The parts relating to the instant agreement are as follows.

Article 1(Purpose)The Convention aims to ensure the successful completion of the Project by prescribing matters necessary for rights, obligations, etc. between the Gyeonggi-do City Corporation (hereinafter referred to as the “A”) and the Industrial Bank- Treatment and Construction consortium (hereinafter referred to as the “B”) in carrying out the PF projects of the PF projects of the PF Center (hereinafter referred to as the “PP Center”) within the development project area of the Mine Site.

Article 2 (Definition of Terms) The definitions of terms used in this Convention shall be as follows:

7. The term "private project cost" means project cost excluding the investments of "A" based on the investment share ratio referred to in Article 5 (4) from the total project cost on the project plan.

Article 3 (Business Purposes, etc.) (1) The purpose of this project is to contribute to the revitalization of cities and the promotion of convenience for local residents through the creation of a complex commercial and cultural space representing the Southern metropolitan area.

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