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(영문) 전주지방법원 2016.05.18 2015가합4077
대여금
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff is a company established for the purpose of real estate agency business, and the Defendant is a regional housing association established under the Housing Act on April 15, 201 for the purpose of conducting the business of constructing a main apartment (hereinafter “instant apartment”) on the 10,591 square meters wide-gu Seoul Special Metropolitan City (hereinafter “instant apartment”).

B. Around July 7, 2011, the Defendant entered into a regional housing association B with Korea Land Trust Co., Ltd. (hereinafter “Korea Land Trust”). The main content of the contract was that Korea Land Trust carries out business management, construction management, and funding management related to the instant business by November 2, 2014, and the Defendant pays the Korea Land Trust in the amount of KRW 1.4 billion in business management fees, KRW 60 million in construction management fees, and KRW 3 billion in capital management fees, and the Korea Land Trust in the amount of KRW 1.4 billion in business management fees, KRW 1.4 billion in business management fees, KRW 60 billion in construction management fees, and KRW 1.0 billion in capital management fees. The Korea Land Trust delegated the Plaintiff with the business management duties

C. (In order to re-Delegation), on July 7, 201, Korea Land Trust entered into a contract for business management services with the Plaintiff, with the content that the Plaintiff will pay 1.54 million won (including value-added tax) as remuneration to the Plaintiff, while performing some of the business management affairs (such as review of the feasibility of the project, review of the terms and conditions of the authorization, permission, implementation status, etc. of the project, review of the construction contract, etc. of the project in question, and establishment of marketing plan, etc.) of the project in relation to the project in this case by November 2, 2014.

(hereinafter “instant service contract”). D.

On March 28, 2011, the Plaintiff entered into a joint agreement with the Hansung Industrial Development Co., Ltd. (hereinafter “ Hansung Industrial Development”) stating that “The amount of actual use of the sales price for the entire commercial buildings in the complex to be newly constructed on the instant land shall be mutually affiliated with each other, and the distribution of profits after deducting various kinds of taxes, public charges, advertisements, expenses, etc. from the sales price shall be 50 to 50.”

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