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(영문) 서울고등법원 2016.12.23 2016나2016229
부당이득금반환 등
Text

1. The plaintiff's appeal and the defendant's appeal are all dismissed.

2. The costs of appeal shall be borne by each party.

purport, purport, and.

Reasons

1. Basic facts

A. On December 24, 2010, the Plaintiff entered into a joint project agreement with C as follows in order to carry out the business of completing and selling the apartment constructed on B and 2 lots and on 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, finance (construction costs and operating expenses, and other related business costs) at the main place of business. (2) The plaintiff shall actively cooperate with C in the progress of the project for the progress of the above paragraph (1) without delay.

3) Other tasks which C cannot carry out directly may be entrusted to external service companies and experts, and at the time of request, C shall, after consultation with the Plaintiff, request C to undertake the project. 4) C shall deposit the initial cost of the project in the separate account of the Korean Land Trust, which is the main trust company of the project, into the separate account of the project and use it on the day of this contract.

5) Access roads, business rights, and design safety diagnosis shall be jointly and severally held by the Plaintiff and C at the minimum cost. B. C delegated by the Plaintiff with the authority to the instant project on December 29, 2010, is an agreement with the Defendant on the use of funds (hereinafter “instant agreement”).

(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 one billion won shall be issued 140% of the loan to the truster. 9) After obtaining the approval of the project, the progress of the project will be interrupted in the schedule requested by the Defendant.

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