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(영문) 청주지방법원 2019.10.25 2017가합202156

약정금

Text

1. The Defendant’s KRW 40 million to the Plaintiff and the Plaintiff’s KRW 5% per annum from July 19, 2017 to October 25, 2019.

Reasons

1. Basic facts

가. 원고는 수처리시설에 관한 설계용역업 등을 목적으로 설립된 법인이고, 피고는 토목건축공사업 등을 목적으로 설립된 법인이다.

B. On September 4, 2014, the Cheongju City Mayor publicly announced the following with respect to “C Private Investment Project” (hereinafter “instant project”).

C Public Offering for Private Investment Projects (Contract by Negotiation)

1. Project outlines - Supply pipeline facilities (including water supply pipeline for the s team sales) - Other incidental facilities related to the supply of s team: One year (design and construction period) after the s team supply agreement is concluded, from which the project implementer is selected;

7. Selection of the highest project proposer among at least 700 points out of the total score (1,00 points) referring to the project proposal submitted for selection of a person subject to preferential bargaining according to the standards for deliberation, as the person subject to preferential bargaining, and consultation on the supply of the S Team (sale).

8. A person selected as an eligible person to enter into an agreement shall enter into an entrustment agreement pursuant to a separate agreement proposed by the Cheongju-si, and implement procedures for notarial services (sharing of expenses incurred in relation to notarial services), and the details thereof shall be observed;

C. On October 20, 2014, the Plaintiff and the Defendant entered into an agreement with respect to the instant business (hereinafter “instant agreement”) with the following contents, and on the same day, a notary public authenticated the said agreement as a law firm No. 657 on the same day.

- In promoting the instant project scheduled to be ordered by the management department of the Cheongju Environmental Management Headquarters, Defendant E, at the consortium in which the Defendant participated, promises to transfer 20% of the construction work to the Plaintiff Representative F and to carry out the project in cooperation after transferring it to the Plaintiff Representative F.

- Even if the profits for 20% shares after the project owner do not reach or did not accrue, the Defendant E’s representative director shall make payment to the Plaintiff of KRW 450 million within 30 days after the contract was concluded and completed.