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(영문) 인천지방법원 2017.03.24 2016가합56058
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On November 8, 2007, the Plaintiff entered into a joint business agreement between the Plaintiff and the Defendant (hereinafter “instant land”). On November 8, 2007, the Plaintiff entered into a joint business agreement between the Plaintiff and the Defendant, Korea Industrial Association (FORCA) and Yeonsu-gu Incheon (hereinafter “instant land”).

3) The Defendant’s C-style building built on the ground (hereinafter “instant building”).

(2) On March 3, 2008, the Plaintiff and the Defendant jointly agreed to jointly construct and lease the instant building, which concurrently served as the Defendant’s C-style functions on the instant land on the ground of the instant land, and entered into an agreement on joint venture projects with the Switzerland Construction C-style (hereinafter “instant joint agreement”) with the following contents.

The Plaintiff and the Defendant agreed to establish a special purpose company in order to purchase land owned by the Songdo International City Development Limited Liability Company and to carry out the business of newly constructing and leasing the building (the building in this case) listed in Article 2.

Article 2 (Publication of Business): (1) Total floor area of a building site in Yeonsu-gu Incheon Metropolitan City: Total floor area of 11,410.7 square meters (3,452 square meters): Total floor area of 149,97 square meters (45,368 square meters): Total area of 149,97 square meters (45,368 square meters): Total area of 102,595 square meters (31,035 square meters): Area of 39 square meters for each building: Article 3 (Establishment of Special Purpose Company) of the Act on Business of the Implementation, Construction, Lease, Management, and all related business activities of the building within 30 business days after the conclusion of this Agreement.

- Plaintiff 510,00,000 - 51% Defendant 490,00,000 - 49% of the capital at the time of incorporation of a special purpose company. 2 The capital at the time of establishment of a special purpose company shall be one billion won, and the ratio of investment by each shareholder shall be as follows:

Article 4 (Conclusion of Contract for Construction Works) (1) The parties shall make a lump sum contract to the defendant with respect to the design and construction of the building in this case by a special purpose company.

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