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(영문) 광주지방법원순천지원 2015.01.21 2012가합4030
구상금 등
Text

1. On the Plaintiff (Counterclaim Defendant),

A. The Defendant (Counterclaim Plaintiff) A corporation is KRW 1,670,000,000 and KRW 170,000,000 among them.

Reasons

1. Basic facts

A. Parties’ related Plaintiff is a corporation established by fully investing in the market price of leisure in accordance with the Local Public Enterprises Act for the purpose of stabilizing citizens’ residential life and improving their welfare through urban development projects.

Defendant B (hereinafter “Defendant B”) is a company which entered into a concession agreement with the Plaintiff on June 15, 2009 regarding the business of building I in the H H located in Han-si, and Defendant A Co., Ltd. (hereinafter “Defendant A”) is a special purpose corporation established to carry out the above business in accordance with the said concession agreement.

Defendant C is the representative director of Defendant B and A, and Defendant D was the Plaintiff’s president from October 8, 2008 to June 30, 2010, and the head of the team in charge of the above business, Defendant E was the Plaintiff’s employee, and Defendant F was the Plaintiff’s employee.

B. On June 15, 2009, the Plaintiff’s first concession agreement, Defendant A’s obligation to repay the Plaintiff’s loans 1) with the aim of rebuilding H that was worn-out with Defendant B and establishing support facilities for the EXPO 2012 EXPO 201 by determining the Plaintiff as the project implementer, Defendant B as the private business entity, and the project period as of April 30, 2012, each of which is set up as between the project implementer, Defendant B as the private business entity, and the project period as of April 30, 2012, respectively, to build a fry, carpet village, accommodation, K stop, and other tourist facilities (hereinafter “instant project”).

(1) The first concession agreement was concluded (hereinafter “the first concession agreement”).

A) The first concession agreement basically deals with various authorization and permission and the purchase of land subject to the project by the Plaintiff as the concessionaire, while the Defendant bears the financial resources required for each of the above tasks as a private project participant, and the main contents are as stated in the attached Table 1 concession agreement (No. 1.2). Defendant B’s contract performance guarantee amount to the Plaintiff within 30 days from June 15, 2009, which is the date of the first concession agreement.

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