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(영문) 서울고등법원 2017.05.26 2016나2052850
구상금
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

1. Basic facts

A. After the conclusion of a joint agreement between the Plaintiff and the Defendant C Co., Ltd. (hereinafter “Defendant C”), Defendant C entered into a sales contract with the purpose of real estate construction business and sales business, etc., Defendant C was registered as the representative director of the said company, and E and F were investors attracting by the Plaintiff. 2) Defendant C, E and F entered into a sales contract with the Plaintiff on July 27, 2010 with respect to the purchase price of KRW 1,528,200,00 (hereinafter “instant real estate”) out of KRW 15,175 square meters in H and Kimpo-si D forest land, and KRW 156,00,000,000,000 on July 27, 2010.

3) As between F on August 6, 2010, Defendant C entered into an investment agreement with F to the effect that F shall invest KRW 150 million in the instant real estate; it shall be managed in accordance with Defendant C’s judgment; the principal shall be returned six months after the date of conclusion of the sales contract; and the amount of investment shall be paid in cash within 12 months after the conclusion of the sales contract as dividends; and the amount of investment shall be paid in cash between E and E on August 9, 2010; and the Plaintiff entered into an investment agreement with the Defendant C on August 11, 2010, with the same contents as the above F agreement, other than the amount of investment shall be KRW 170 million; the Plaintiff shall attract the Plaintiff from E to the joint development project on the instant real estate; and the Plaintiff shall enter into an investment inducement agreement with F to the effect that the Plaintiff shall undertake the investment and business affairs.”

5) On October 19, 2010, the Plaintiff (project operator) and the Defendant C (registered project operator) were jointly engaged in a joint project (hereinafter “instant project”) with “the details of new construction and sale of the instant real estate community facilities (five Dongs and one story above the ground)” (hereinafter “instant project”).

2) The Agreement on Joint Project (hereinafter referred to as the “instant Joint Project Agreement”)

The main contents of the instant joint project agreement are as follows. Article 3 (Purpose ② The Plaintiff is responsible for the following duties as the implementer:

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