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(영문) 수원지방법원 2017.06.16 2016가합77458
구상금
Text

1. As to KRW 3,634,00,00 and KRW 3,376,59,908 among the Plaintiff, the Defendant shall pay to the Plaintiff KRW 3,376,59,90 from December 1, 2016 to June 16, 2017.

Reasons

1. Basic facts

A. The Plaintiff is a company that is engaged in civil engineering, construction work contracting, and manufacturing of building materials for civil engineering. The Defendant is a company that is engaged in real estate consulting and real estate investment business.

B. On July 31, 2007, the Defendant borrowed a total of KRW 1,500,000,000 per annum, 11% per annum, 19.5% per annum, 19.5% per annum, and 31 January 31, 2008 (hereinafter “instant loan”). The Defendant borrowed 1,50,000,000 per annum from Stim Mutual Savings Banks and Namyang Mutual Savings Banks (hereinafter “instant loan”).

(2) On May 18, 2010, the Plaintiff repaid KRW 3,376,59,908, including the principal of the instant loan and interest and delay damages until the date of the repayment, as the Defendant failed to repay the said loan debt.

C. On the other hand, on June 11, 2007, the Plaintiff entered into a business agreement with the Defendant on the multi-family housing project agreement (hereinafter “the first business agreement”) with the Defendant, and the same year.

7. On 30. 30. Gangwon-do Project Agreement for the Construction of Redcheon Social Welfare Facilities (hereinafter “Second Project Agreement”) was concluded, respectively, and the main contents of the instant Project Agreement are as follows:

[The First Project Arrangement] (General Provisions) The Project is a new multi-family housing construction project that is conducted for one of the 723 o-ri-ri-ri 723 mobile population moving at the time of tolerance, and the project is to be performed in good faith with the Plaintiff and the Defendant for the successful completion of the project.

Article 2 (Scale of Business)

1. Name of the project: A new project for constructing multi-family housing in Taecheon-ri, Taecheon-si;

2. Location of the business: The location of the business, which is no more than seven hundred and twenty-three - a thousand and twenty-three - a thousand population.

1. Within one month after the conclusion of this Agreement, the project will proceed through the procedures for approval of the housing construction project plan after the establishment of a Class 1 district unit plan with the special purpose company (SPC) established by the Plaintiff and the Defendant’s joint investment as a project proprietor.

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