(영문) 수원지방법원안산지원 2016.01.28 2014가합2874

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원안산지원 2016.01.28 2014가합2874

부당이득금반환 등

Text

1. The plaintiff's main claim is dismissed.

2.(a)

The defendant shall pay to the plaintiff KRW 50,000,000 as well as to the plaintiff on May 30, 2014.

Reasons

1. On December 24, 2010, the Plaintiff entered into a joint agreement with Nonparty C on the following joint projects in order to carry out the business of completing and selling the apartment constructed on B and two parcels of land and its ground (hereinafter “instant business”).

[Joint Business Agreement] Article 6 (1) C is fully responsible for the progress and completion of the project, such as the construction, sale, trust, financing (construction costs and operating expenses, and other related business costs) at the principal place of business. (3) It grants C the power of representation of the Plaintiff for the proceeding under paragraph (1) above.

6) C shall pay 1 billion won to the separate account of the Korea Land Trust, which is a trust company of the project, to use the initial cost for the progress of the project. C delegated by the Plaintiff with all powers concerning the project of the instant case on December 29, 2010, is an agreement on the use of the funds (hereinafter “instant agreement”) with the Defendant on December 29, 2010, as follows:

(3) The agreement of this case is to be concluded between C and the contractor (Defendant) entrusted with all rights to the project of this case by the project executor (Plaintiff) and the contractor (Defendant). The agreement is to conclude (i) as soon as possible by lending funds necessary for securing business rights. C’s obligations 1) C completes the agreement on delegation, such as power of representation, etc., to the Plaintiff and the entire project owner prior to the conclusion of this agreement.

4) The first priority in a loan of KRW 1 billion shall be issued to the truster 140% of the loan. 9) If the progress of the project is interrupted by the schedule required by the Defendant after the acquisition of the business approval, all the funds required for the approval of the project are loaned from the Defendant, and thus, all the rights of the approval of the project shall be jointly held by C and the Defendant, and shall be jointly placed on all all the matters.

10C presents, and thoroughly observe the purpose of the use of funds accepted by the trust company.

유사 판례

-서울고등법원 2016.12.23 2016나2016229

-의정부지방법원 2016.07.12 2015가단101542

-대전지방법원 2019.12.11 2019가합105287

-인천지방법원 2015.05.22 2014가합57095

-창원지방법원 2017.08.24 2017고합24