Text
1. The plaintiff and the plaintiff's successor's main claim and the conjunctive claim are all dismissed.
2. Of the costs of lawsuit.
Reasons
1. Facts of recognition;
A. Defendant D Co., Ltd. (hereinafter “Defendant Co., Ltd”) is a company that has promoted the business of remodeling and selling the instant building (hereinafter “instant building”) in the prime city of prime city.
Defendant E is the representative director of the Defendant Company, and Defendant F is the person who was the chief director of the Defendant Company.
B. On June 28, 2013, H decided to purchase the instant building from the Defendant Company for KRW 7.5 billion, and paid the down payment KRW 500 million on the same day.
(hereinafter “instant sales contract”). At the time of the instant sales contract, H and the Defendant Company entered into a special agreement stipulating that “The remainder shall be dealt with by a bank loan. The Corporation will be able to perform construction works after the contract.” The contractor shall be organized under mutual agreement and actively cooperate by both parties during all construction works.”
C. On August 31, 2013, H drafted a letter to the Plaintiff stating, “I, on September 3, 2013, confirm that I will modify the contractor’s name from H to A and C, if I were unable to pay off the daily amount of KRW 4 p.m. by September 3, 2013.”
On September 24, 2013, the Plaintiff and Defendant Company concluded a joint project agreement (hereinafter “instant joint project agreement”).
The purpose of the joint project agreement of this case is to sell the building of this case to the general public after substantial repair construction works. The parts related to this case in the agreement are as follows.
(A) “A” is the Defendant Company and “B”. Article 3 (Principle of Implementation of Projects) (2) “B” should be accepted as project costs of KRW 2 billion incurred by “A” in connection with the progress of the project prior to the date of conclusion of this Agreement, and the project costs of KRW 2 billion incurred by “A” shall be disbursed to “A” in preference to the allocation of profits after the settlement of the project, as final profits of “A”.
4. Claims and rights acquired or secured by “A” in relation to the project shall be jointly owned by “A” and “B” at the same time as this Agreement enters into.