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1. The application for intervention by the defendant assistant shall be dismissed;
2. The Defendant’s KRW 5,251,598,000 and its importance shall be the Plaintiff.
Reasons
1. Basic facts
A. On March 3, 2008, the Plaintiff and the Defendant’s Intervenor participated in the joint business agreement and the establishment of the Defendant’s establishment (hereinafter “instant building”) the building of the size of 5 stories underground and 39 stories above the ground on the ground of the 36m36m340.9m2, Yeonsu-gu, Incheon Metropolitan City on March 3, 2008
2) The joint agreement with the content of new construction and lease (hereinafter referred to as “instant joint agreement”)
A) The Plaintiff and the Defendant’s Intervenor, as a part of the implementation thereof, established a special purpose company for the implementation of the so-called project through investments (Article 3 of the Joint Business Agreement). The Plaintiff completed the construction of the instant building by being awarded a contract from the said company, as well as maintained the lease relationship by using a space of at least 49,587 square meters (15,000 square meters) as a private house, etc. for at least 6 years after the completion (Article 4) (Article 5) (Article 5(2)) and the Defendant’s Intervenor’s Intervenor’s Intervenor’s participation shares of at least 49% and 51%, respectively, and the Defendant promoted the construction project of the instant building as an executor.
B. On June 30, 2008, the Plaintiff entered into the instant contract with the Defendant to enter into a contract on the construction of the instant building.
Since September 29, 2008, October 31, 2008, December 5, 2008, and September 30, 2010, each of the above contracts entered into an amendment agreement (hereinafter “instant contract”). The final content of the instant contract is as follows.
1. Construction name: Construction work for the construction of Posco e and S Long-O International Btiling;
2. Construction place: F1 block in the international business complex of the Incheon Songdo District.
3. Construction period: From the date of concluding a contract for construction works to June 30, 2010: Two buildings with the total floor area of 149,771.19 square meters (45,305.58 square meters)/39F under Article 4 (1) of the General Conditions for the Contract for Construction Works.
5. The supply of the amount of the contract price item is the value-added tax of KRW 220,13,00,360,000 for the design cost of KRW 1,360,527,186 for the cost of construction 215,495,928,484 for the cost of construction 3,185,527,186 for the cost of additional profit of KRW 91,544,330 for the cost of construction 22.