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(영문) 수원지방법원 2016.02.18 2014가합15036
대여금
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On June 2009, E.S. Construction Co., Ltd. (hereinafter “E.S. Construction”) and Defendant Hing Development Co., Ltd. (hereinafter “Defendant Hing Development”) concluded a service agreement with the following contents (hereinafter “instant service agreement”).

1. Title of service: Planning and consulting services related to the new construction of escalators;

2. Amount of service: The development by the defendant under Article 1 (Separate Provision of Value-Added Tax) of the same Act shall complete the service in a timely manner according to the following business details, and the construction by E.S. shall pay the fruit for the result thereof:

Article 2 (Subject Building) The contract period of Article 3 (Service Period) of the Development of Magal Magals to be Algal Dog-ri 394 (Service Period) shall be from June 25, 2009 to January 31, 2012.

Provided, That if it is inevitable, it may be adjusted by mutual agreement between E.S. Construction and the development of defendant's Office.

Article 4(Business Details) - Support for all the affairs of authorization and permission (construction/intersection) - Support for the affairs of building authorization - Support for the affairs of building authorization - Design, classical, integrated fire-fighting coordination, and consultation support for construction work at the time of the progress of construction - Construction 5(Prohibition No. Prohibition) E. S. Construction shall pay KRW 240 million to the development of Defendant Hack for the acquisition of permission and the completion of construction work.

B. On January 16, 2012, the Korea Development Bank, the Korea Development Bank, the Korea Development Bank, the Korea Development Bank, and the Korea Development Bank, the Korea Development Bank (hereinafter referred to as the “Korea Development Bank’s New Housing”) drafted a document with the following content (hereinafter referred to as the “instant document”).

Japan: An amount equivalent to KRW 240 million (excluding value-added tax) shall be paid by E.S. Construction to Defendant Gyeonggi-do Development in the same manner as the planning and consulting service contract related to the new construction of Pyeongtaek and the construction of E.S.

The development of the defendant Park Young-chul shall receive service costs and lend interest-free loans for the partnership's project costs to the defendant Park Jae-gu Housing.

The expenses for the projects of the cooperative reconstruction and rearrangement association shall be borne by the defendant Park Jae-gu Housing.

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