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(영문) 수원지방법원 안양지원 2018.01.25 2016가합102394
대여금
Text

1. On the Plaintiff (Counterclaim Defendant),

A. Defendant (Counterclaim Plaintiff) B Co., Ltd.: (a) KRW 1,428,740,000; and (b) July 2, 2016.

Reasons

1. Facts of recognition;

A. A. Around October 2008, E (the deceased on July 21, 2010, hereinafter “the deceased”) which was the husband of the Plaintiff entered the land (67,741 square meters, and the agreement of this case 2 below) other than Pyeongtaek-si Gwon 66,351 square meters owned by the deceased between the Defendant B and the Defendant B, and the details of the agreement are as follows: (a) although the sum of the area was 65,305 square meters in the agreement of this case is 65,305 square meters in total, it appears that all of the land was referred to as “the project site of this case”; (b) the Plaintiff would develop the factory site and build it as a factory site and sell it (hereinafter “the project site of this case”) and accordingly, the agreement was entered into between the Plaintiff B and the Defendant B.

The defendant B shall pay the deceased KRW 10,000,000 at the site price in return for the joint project.

Provided, That the timing of payment shall be the sale price after the completion of authorization and permission.

Matters of Special Agreement

1. The transfer tax of the deceased shall be borne by the defendant B, and the method of saving may be consulted with each other;

Article 3 (Contractor Relations)

1. Defendant B, as a land development-general agent of the Deceased, performed his duties faithfully as a good manager with respect to the development of the project site of this case and the post management-management-related business entity, and received the profits from development in return therefor.

2. Defendant B shall exercise overall control over all the affairs of this development project.

3. The Deceased shall, even after the receipt of the site price, continue to provide his title until the completion of the work for the Defendant B.

4. The direction and responsibility of development shall be determined by Defendant B under the responsibility of Defendant B.

Article 4 (Mutual Cooperation)

1. The Deceased shall, upon the request of the Defendant B, issue and provide all documents for the Project.

Defendant B shall use all the documents provided by the deceased only for the purpose of this project.

2. The whole project is to Defendant B.

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