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(영문) 부산지방법원 2018.02.01 2016가단356437
부당이득금반환
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

Basic Facts

A. A. A school juristic person D (hereinafter referred to as “D”) is a juristic person operating an affiliated hospital, and a juristic person that executes a construction project for the construction of commercial buildings and barracks rooms (hereinafter “instant project”) on the site of the Seo-gu Fwon Hospital in Busan, Seo-gu, Busan, and entered into a contract with G Co., Ltd. (hereinafter “G”) on August 2, 2010, and “G” must establish a special purpose juristic person (SPC) to raise project costs and provide a guarantee for financing services and for the completion of construction. If a PF loan is not available or a debt approval is not granted, this contract shall be null and void. The right to lease a commercial building shall be held as D, and the lease sale by proxy shall be conducted in consultation with D and the expenses incurred for the lease sale shall be borne by a special purpose juristic person (SPC).

Article 4. Business Apportionments and Cooperation Obligations. (2) The Borrower shall carry out all the business affairs related to the implementation of the Project, including the following business affairs, except the business affairs delegated to the other Party under this Convention and the individual contract and the business affairs the performance of which is restricted:

7. The responsibility and authority for the selection of a lessee and the preparation of a lease agreement under Article 7 shall be vested in the project operator.

(2) Major conditions of a lease contract, such as lease deposit, rent, etc., shall be determined after consultation with the project operator and the claimant.

(4) In principle, deposit and sale price under a lease agreement shall be used first for the commencement cost of construction works publicly notified at the time of construction of profit-making shops, water tanks and funeral wedding halls, and shall be completed with a PF loan thereafter.

B. Pursuant to the terms and conditions of the said contract, H was established on August 11, 2010 (hereinafter “H”). On September 13, 2010, H was established as a special purpose corporation, and I (i) was a project implementer, a borrower, a subcontractor, a subcontractor, and a representative director of H, who was the borrower, and D.

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