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(영문) 부산지방법원 2014.10.02 2012가합12750
손해배상(기)
Text

1. The Defendant’s KRW 56,264,164 as well as the Plaintiff’s annual rate of KRW 6% from September 4, 2014 to October 2, 2014.

Reasons

1. Basic facts

A. (1) On October 5, 2009, the Defendant entered into a contract and a business agreement (1) with the board of directors resolution on October 5, 2009, to carry out the construction project of commercial buildings and barracks (hereinafter “instant project”) on the site of the high-tech hospital located in the Seo-gu, Seo-gu, Busan and the 41-1 and five parcels, and the site of the high-tech university located in the 34 and 31 parcels.

(2) On August 2, 2010, the Defendant entered into a construction contract with B (hereinafter “B”) on August 2, 2010, and entered into an agreement with B, “B must establish a special purpose company (SPC) for the purpose of securing project costs, and provide financial services and guarantee for the completion of construction works. This agreement shall be null and void in the event a project strike loan (hereinafter “PF loan”) becomes known or the issuance of bonds becomes known. (SPCs and equity shares are set by B, and the Defendant actively cooperates in the procurement of project costs).”

(3) On August 11, 2010, according to the terms of the said contract, the Plaintiff was established on August 11, 201, and on September 13, 2010, a business agreement was concluded which included the following as joint and several sureties with the Plaintiff’s business operator and the borrower, the Defendant’s assumption of obligation, and the Plaintiff’s representative

Article 4 (1) The parties shall share their duties and cooperate in good faith in order to ensure the normal repayment of the completion of the Project and the principal and interest of the loan, and shall meet their responsibilities.

(1) The approval, authorization, or permission of the Ministry of Science and Technology, or any other approval or permission necessary for the progress of the project, which is necessary for the performance of the obligations of the person bearing the obligation as a school juristic person of the person bearing the obligation, such as the assumption of the obligation as a school juristic person of the person bearing the obligation, shall be responsible to

(2) The burden of all costs added to the conditions of authorization and permission granted by the competent authority shall be borne by the concessionaire.

Article 13 (1) The validity of this Convention shall be mutually complementary to an individual contract.

provided that this Convention:

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