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(영문) 제주지방법원 2018.06.14 2017가합10608
출자의무이행 청구의 소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of recognition;

A. On November 18, 2016, the Plaintiffs entered into a prop joint business agreement for the development of multi-family housing (hereinafter “instant joint business agreement”) with respect to D representing the Defendant and real estate listed in the attached list owned by the Defendant (hereinafter “instant real estate”).

B. On January 13, 2017, Plaintiff A sent to the Defendant a certificate of content demanding the performance of land use consent, and the Defendant sent a certificate of content seeking the rescission of the instant joint project agreement on January 17, 2017.

C. On August 9, 2017, the Defendant: (a) rescinded the instant joint project agreement with the Plaintiffs on the proceeding of the instant lawsuit; and (b) prepares a written agreement with the Plaintiffs to compensate for the expenses that the Plaintiffs incurred; and (c) pay KRW 30 million as part of the expenses; and (d) remitted KRW 30 million to the Plaintiffs on the same day.

[Reasons for Recognition] Unsatisfy, Gap 1-3, 6, 7 evidence, Eul 1-2 evidence, the purport of the whole pleadings

2. The Plaintiffs asserted as to the cause of the instant joint project contract concluded with E (hereinafter “E”) and F (hereinafter “F”) for the purpose of proceeding with the instant joint project contract, respectively, with G (hereinafter “G”) and with H (hereinafter “sale agency contract”).

However, by the Defendant’s rescission of the instant joint business contract, the Plaintiffs were bound to rescind all the said contracts, and thereby, the Plaintiffs suffered damages in total of KRW 180 million, such as penalty, etc.

As a result of the cancellation of the joint project contract in this case, the Defendant is obligated to pay the Plaintiffs the amount of KRW 150 million, excluding the amount of KRW 30 million already paid by the Defendant, from among the amount of KRW 180,000,000.

3. Determination

A. The plaintiffs asserted as to the damages arising from the execution contract with E and F are entering into a construction contract with E and F, and the agreed amount of KRW 65 million from the above companies to support the joint business in this case.

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