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1. The judgment of the court of first instance is modified as follows.
Defendant’s KRW 16,038,471,339 and KRW 1,769 out of the above money.
Reasons
1. Basic facts
A. On November 6, 2007, the Plaintiff’s Intervenor entered into joint business agreements between the Defendant and the Plaintiff’s Intervenor 1) 3,451 land of 3,451 (hereinafter “instant land”) in Yeonsu-gu, Incheon (FORCA) and Korea Industrial Association (FORCA) affiliated with the Investment Policy Team of the Ministry of Commerce, Industry and Energy and 36 (F1 block of the International Business Complex in Songdo-dong).
3) As to the Defendant’s building on the ground (hereinafter “instant building”)
(2) On November 13, 2007, when the Plaintiff had constructed the instant building on the ground of the instant land, the Defendant prepared a memorandum of understanding that the Plaintiff’s Intervenor and the Defendant will be engaged in the successful construction of the instant building and the lessee attraction project (hereinafter “instant project”), and subsequently, entered into a specific agreement for the instant project through a quality evaluation, such as the design of the instant building, etc., and separately implement the instant project (hereinafter “SPC”), and the Plaintiff’s Intervenor jointly promoted the instant project within the extent that it does not damage major matters of the instant building designed by the Defendant. The Plaintiff’s Intervenor deposited KRW 10 billion within 10 days after the establishment of the instant building, and concluded a contract for the construction of the instant building with the Defendant as a contractor within 60 days after the conclusion of the agreement between the parties.
3) On March 3, 2008, the Defendant entered into an agreement on joint projects with the Plaintiff’s Intervenor and the Songdo Construction in accordance with the letter of understanding above (hereinafter “instant joint project agreement”).
Upon conclusion, the Defendant and the Plaintiff’s Intervenor agreed to establish a SPC to purchase land owned by the International City Development Limited Liability Company in Songdo and to undertake the business of constructing and leasing a new building listed in Article 2. Article 1 (Purpose of this Arrangement is to promote this Project smoothly.