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(영문) 서울중앙지방법원 2011.10.28 2010가합131659
채무부존재확인
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On September 3, 2007, the Plaintiff formed a consortium with 15 members of the Korean Local Administration Mutual Aid Association, including the Korean Local Administration Mutual Aid Association (hereinafter collectively referred to as the “instant consortium”) to participate in the downtown complex development project (hereinafter “instant project”), implemented by the Defendant Korea Land and Housing Corporation (hereinafter referred to as the “Defendant Corporation”) in the area for the housing site development project of Seongbuk-Nam school, and entered into an agreement with the private business entity (hereinafter referred to as the “instant consortium agreement”).

According to the instant consortium agreement, the instant consortium established a project financial investment company (hereinafter referred to as “SPC”) for each equity share after making an investment in shares among its members, and establishing a project financial investment company (hereinafter referred to as “SPC”) and a SPC (PFV) for each equity share (Article 3(1) and (6). (Article 3(2) of the SPC’s Asset Management Company (hereinafter referred to as “AMF”); and (30,000 equity investment (3.5%) as an investment company; and (4) the Plaintiff, as an investment company, concluded a project financial investment company for each equity share.

(Article IV, Section 2). (b)

The instant consortium prepared a business plan pursuant to the instant consortium agreement (hereinafter referred to as the “previous business plan”) and submitted it to the Defendant Corporation to determine the private business entity of the instant project. On October 31, 2007, the instant consortium concluded a business agreement with the Defendant Corporation and the instant business (hereinafter referred to as the “instant business agreement”).

Article 4 (Performance Guarantee of Convention) ① Each individual corporation of “B (this case’s consortium)” guarantees the implementation of the agreement by equity share of “SPC(PFV)” (hereinafter the omission) and “B” in Article 9 (Investment at Time of Commencement of Construction Works). The total amount of C’s investment prior to the date of first report on commencement of construction under the Building Act or Article 16 of the Housing Act is not less than 10% of the total amount of the project on the project plan.

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