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(영문) 부산지방법원 2015.12.03 2012가합45347
매매대금반환
Text

1. Defendant C Co., Ltd. shall pay to the Plaintiff KRW 50,000,000 and the interest thereon from March 28, 2013 to the date of full payment.

Reasons

Basic Facts

A. Defendant School Foundation B (hereinafter “Defendant B”) shall establish a special purpose corporation (SPC) in order to raise project costs, and provide a guarantee for the completion of financing services and the guarantee for the completion of construction of the business, through a resolution by the board of directors on October 5, 2009, and through a resolution by the board of directors on the G Hospital site (hereinafter “instant business”). On August 2, 2010, PF loans or the establishment of commercial buildings and barracks rooms (hereinafter “instant business”). On August 2, 2010, Pakistan Global Co., Ltd. (hereinafter “PS Global”) and construction contracts (Evidence No. 13-3) are concluded, and “PS Global” must be established in order to secure project costs. If PF loans are not known or the approval for the issuance of bonds is not granted, this contract shall be null and void. The right to lease commercial buildings shall be held by Defendant B, and the sale by proxy shall be held by Defendant B (SPC) in consultation with Defendant B and each other, and the cost of sale under the special purpose of the PPC (PC).

B. On August 11, 2010, Defendant C Co., Ltd. (hereinafter “Defendant C”) was established in accordance with the terms and conditions of the said contract, and on September 13, 2010, the following business agreements (Evidence A) were concluded with the project implementer and the borrower, Defendant B, and Defendant C’s representative director as joint and several sureties.

The purpose of this Convention is to provide for the allocation of duties and responsibilities between the parties for the efficient and smooth performance of the Project, the procurement of construction costs, and the normal repayment of loans.

Article 4 Apportionments of Duties and Cooperation (1) The parties shall share their duties to ensure the normal repayment of the completion of this project and the principal and interest of loans, and shall faithfully perform their duties and cooperate and assume their responsibilities accordingly.

(2) The Borrower shall include the following business affairs, except for the business affairs delegated to other parties under this Convention and individual contracts and the business affairs, the performance of which is restricted:

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