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(영문) 서울중앙지방법원 2016.05.10 2014가합589058
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. The Plaintiff is a company running golf courses and incidental business, and the Defendant is a company with the purpose of installing, managing, and operating various sports facilities, including tourist accommodation business, resort condominium construction business, and golf courses.

B. 1) The Plaintiff, the Defendant, and the Switzerland self-management real estate investment company (hereinafter “non-party company”) are the parties to the golf course development project.

(3) The Plaintiff’s Plaintiff’s golf course (hereinafter “instant golf course”) is a executor or developer, and is located in C/C in the area B in the wife population in the city of tolerance-si.

(2) In order to construct the instant golf course, the non-party company, a real estate investment company, upon completion of the instant golf course, shall take over all the Plaintiff’s issued stocks and liquidate the said golf course. The Defendant shall operate the instant golf course upon entrustment by the Plaintiff and operate it and lease some facilities (hereinafter “instant development project”).

(2) Around August 29, 2012, the Plaintiff, the Defendant, and the Nonparty Company concluded a MOU for strategic alliance with respect to the instant development project (hereinafter “instant MOU”).

The main contents thereof are as follows:

The plaintiff (hereinafter referred to as the "A") and the non-party company (hereinafter referred to as the "disease") in relation to the development project of this case (hereinafter referred to as the "this case project"; hereinafter referred to as the "this case's development project"; hereinafter referred to as the "the plaintiff (hereinafter referred to as the "the plaintiff") and the non-party company (hereinafter referred to as the "the defendant") have general advice and entrusted management in relation to the development and operation of this case's golf course in relation to the defendant (hereinafter referred to as the "B") who has the highest level of independent know-how and performance of the case's golf course as the project owner. Accordingly, the "A" and the "B" are the starting stage of the project.

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