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(영문) 서울남부지방법원 2015.04.23 2014가합7491

컨설팅수수료

Text

1. The Defendant’s KRW 90,000,000 as well as its annual 6% from June 27, 2014 to April 23, 2015 to the Plaintiff.

Reasons

1. Facts of recognition;

A. The plaintiff is a company with the purpose of international exchange consulting business, and the defendant is a company with the purpose of civil engineering and construction business.

B. C, the representative director of the Plaintiff, provided information to the Defendant to allow the Defendant to participate in the tender of the D Construction Project in five areas Vietnam (a construction sector; hereinafter “instant construction project”), and formulated and issued a bid plan on the outline of business, work implementation plan and detailed tender preparation documents, submitted documents for preliminary evaluation, standards for the evaluation of financial and technical capabilities, and contract data.

Certain Details of Business No. 11/4 (Monthly) Entry into the Republic of Korea 11/8 (gold Incheon) (hereinafter referred to as "No. 11/7 (b) No. 11/7 (e. Bacal Construction Co., Ltd.) of 11/6 (number) No. Rocal Construction Co., Ltd. scheduled to depart from the morning 11/5 (U.S.) of the time and place of review of consulting contracts to explain the business background background.

C. From November 5, 2013 to August 8, 2013, the Plaintiff, along with the Defendant’s managing director E, made the following business trips during the Defendant’s bidding process for obtaining orders for the instant construction project:

On December 12, 2013, the Plaintiff and the Defendant entered into a business proprietor agreement on the instant construction project (hereinafter “instant contract”). The main contents of the instant contract are as follows.

Article 2 (Contents and Scope of Consulting Services) The details and scope of consulting services that the Plaintiff shall perform for the sake of obtaining orders from the Defendant for Vietnam Project shall be as follows:

1. A business trip to Vietnam for the progress of tendering procedures;

2. Sharing of information and promotion of affairs for project owners;

3. Promotion of MOU with local enterprises Vietnam;

4. Preparation of tender documents;

5.The period for performing consulting services in respect of tendering shall be from the date of the conclusion of this contract until the completion of the tender in Vietnam.

Provided, That in case of receipt, it shall be until the payment date of the fee.

Article 4. Consultation.