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(영문) 서울중앙지방법원 2016.10.21 2015가합567710
대여금 등
Text

1. The Plaintiff:

A. Defendant A Co., Ltd.: (a) KRW 6,00,000,000 and its therefrom from July 6, 2012 to December 3, 2015.

Reasons

1. Basic facts

A. The Plaintiff is a stock company with the purpose of supplying, selling and constructing housing units. 2) Defendant A Co., Ltd. (hereinafter “Defendant A”) is a stock company with the purpose of real estate development consulting and related service business. Defendant B Co., Ltd. (hereinafter “Defendant B”) is a stock company with the purpose of civil engineering construction business.

B. On March 18, 2006, Defendant A entered into an agreement between the Plaintiff and Defendant A regarding the urban development project of Pyeongtaek District D District. Defendant A (hereinafter referred to as the “instant project”) on the promotion committee for the urban development project of Pyeongtaek District D District (hereinafter referred to as “instant project”), and the said promotion committee is the “instant committee”.

B) As to the Plaintiff, Defendant A entered into an agreement (hereinafter “instant agreement”) on March 22, 2006 between the Plaintiff and the Plaintiff to select the Plaintiff as the contractor of the instant project (hereinafter “instant agreement”) and the said agreement is defined as follows: (a) Defendant A delegated the instant project execution, implementation, and technical services; and (b) Defendant B jointly and severally guaranteed the Defendant A’s obligation under the said entrustment agreement; and (c) Defendant A signed an agreement on March 22, 2006 to select the Plaintiff as the contractor of the instant project.

Article 3 (Basic Principles)

1. In order for the instant committee to carry out the instant project, the Plaintiff may preferentially pay part of the remainder of the purchase price of the land in accordance with Article 2 of the Busan E Land Sales Contract for the Development Project that was concluded between Defendant B and the Plaintiff, a related company of Defendant A, to conduct the instant project.

Article 4 (Main Duties of Defendant A and Plaintiff)

2. Scope, role and authority of the plaintiff;

(a) Payment (6 billion won) of funds for initial urban development projects (6 billion won for the remainder of the purchase price of land for Busan E development projects to Defendant B who is a joint guarantor of Defendant A);

C. The plaintiff's monetary loan to the defendant A and B and the joint and several guarantee of the defendant C, etc. are the defendant A and the plaintiff.

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