beta
Text
1. The part against Defendant C and Defendant D, among the Plaintiff’s primary claims, shall be dismissed, and against Defendant B.
Reasons
1. Basic facts
A. On March 16, 2012, the Plaintiff concluded a joint project agreement (hereinafter “instant joint project agreement”) with Defendant B, the representative director of the F Co., Ltd., Ltd. (hereinafter the part on the indication of the Co., Ltd.; hereinafter the same is omitted) on the following grounds: (a) around 5, 2012, G and 178 apartment units (around 70% of the aforementioned apartment units; hereinafter the same is referred to as “instant apartment unit”; and (b) at the auction (hereinafter “instant joint project agreement”) for the new apartment units (hereinafter “instant real estate unit”).
1. Business contents: A new project for H’s apartment construction;
2. Special agreements;
(a) A will invest KRW 350,000,000;
(b)F Company B will secure the project cost and complete the project at the time of the award of the above project, and F Company B will pay 30% of the operating profit as investment profit after deducting the total revenues (amount of sales) from the total revenues (amount of sales) to A.
(c) 100% of the total proceeds of sale, including principal, at the time of transfer or sale to a third party for unavoidable reasons, shall be distributed at the rate of 50:50 and shall be at the end of settlement, respectively.
B. Around that time, the Plaintiff paid F KRW 350,00,000 to F in accordance with the instant joint venture agreement, and F was awarded the bid price of KRW 697,80,000,00, including the money received from the Plaintiff as a bid bond, with the amount of KRW 5,577,90,000, and the bid price was determined as KRW 5,590,000 in the name of F’s employee first, but it was difficult to raise the remainder of the bid price and project cost, the Plaintiff entered into an agreement with J on April 6, 2012 to divide the business profit of the instant case into KRW 7:3 (hereinafter “instant agreement with J”).
Article 1 [Purpose] The purpose of this Arrangement is to facilitate the smooth implementation of the project, such as distribution of profits, a special purpose corporation (hereinafter referred to as a "newly incorporated corporation").