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(영문) 광주지방법원 2018.12.07 2017가합56648
손해배상 청구의 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Defendant’s project site for the Defendant’s C development project (hereinafter “instant project”): The instant project plan with the following contents for the E Ilwon (area 150,000 square meters): the project period of KRW 12.5 billion: the implementation method from May 2010 to June 2012 - the implementation method - the partial subsidization of the infrastructure cost to be promoted as a private investment project - the attracting Defendant planned the instant project with the aim to secure the soil borrow site, which is the problem of the D expansion project, and to ensure the stable supply of land for factories:

B. The conclusion of the Investment Implementation Agreement and the Plaintiff’s succession Defendant entered into the C Development Project Investment Implementation Agreement (hereinafter “instant Agreement”) with F Co., Ltd., Ltd. and G Co., Ltd. (hereinafter “F”) on July 16, 2010, as follows:

Article 1 (Purpose) The purpose of this Agreement is to determine the matters necessary for the smooth promotion of C-Private Investment Project (hereinafter referred to as “Project”).

Article 2 (Party B (Defendant) shall be determined as “A”, and the F and the Bank of Bankruptcy shall be determined as “B”.

Article 3 (Project Plans) (1) The main contents of this project shall be as follows:

1. Private business name: C development projects;

2. Franchisium: H class;

3. Roster: Not more than 150,000§³.

4. Investment amount: the amount as provided in Article 4.

5. Project period: Articles 4 (Bearing of Project Costs and Support) (1) through (1) of the 2010 to 2011 shall bear the following project costs:

1. Various kinds of compensation, such as land, land, and fixtures required for the project;

2. Various construction expenses required for the project;

3. Various design service costs required for the project;

4. All kinds of incidental expenses necessary to implement the project.

5. Other expenses, etc., for which A and B have consulted as necessary. (2) A shall subsidize various infrastructure expenses that may be subsidized in relation to the development of an agro-industrial complex in accordance with the Industrial Sites and Development Act (hereinafter “Act”) and the City Investment Promotion Ordinance.

(3) Project costs and sale proceeds shall be deposited in financial institutions jointly established by Gap and Eul.

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