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(영문) 인천지방법원 2016.02.12 2014가단69749
구상금
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On October 12, 201, the Plaintiffs, and the Defendant concluded a joint agreement with regard to the business of constructing and selling multi-household housing (hereinafter “instant joint agreement”) on the ground of the building and selling multi-household housing on the land of 234 square meters and 124 square meters in Nam-gu, Incheon Metropolitan City (hereinafter “instant land”) (hereinafter “instant joint agreement”) (hereinafter “instant joint agreement”).

Article 3 (Principles of Project Implementation) The Plaintiffs, Defendant, and D shall jointly manage funds invested in the project, and the business classification for the Plaintiffs, Defendant, and D shall comply with the following requirements:

1) D and Plaintiff B shall exercise overall control over the work related to this project. 2) The Plaintiff A and the Defendant shall assist the work related to this project.

Article 4 [Person in charge of Business] The project shall be promoted under the name of the Plaintiff B, and all affairs related to the construction of all documents and buildings related to authorization, permission and sales related to the project shall be supervised by D and B.

Article 5 (Joint Project Investment) In order to jointly promote the Project, D and B KRW 100,00,000 and Plaintiff A100,000,000 and Defendant C (Plaintiff) shall not interfere with payment of land purchase price and construction work.

Article 7 [Equity Ratio] The share of this project shall be D, Plaintiff B, Plaintiff A, and Defendant 4%:30%:16%:10%, and shall be executed with the priority of global income taxes and taxes due to the operation of the project.

Article 9 (Payment of Proceeds from Business) (1) The investment proceeds of the business shall be paid first priority after obtaining financial loans after obtaining approval for the completion of the building, and the investment proceeds shall be divided among D and the plaintiffs, and the defendant's shares after the completion of the building. The estimated revenue management in relation to the business is, in principle, joint management by D and the plaintiffs, and the defendant.

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