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(영문) 대전지방법원 2017.01.20 2016가합101239

약정금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The defendant is a corporation engaged in construction business or civil engineering business, etc., and the plaintiff is working for about 30 years in the scientific and technological system.

From July 1, 2006, a person who served as the chief executive officer of the defendant's business.

B. Around April 2006, the Defendant representative director C entered into a small sense that D (hereinafter “D”) carries out E construction projects (hereinafter “instant construction”).

C. C came to know of the Plaintiff through the introduction of F around May 2006, and the Plaintiff became aware of the fact that there was a pro rata (D warden) and there was a pro rata from time to time. As such, C recommended the Plaintiff to assist the Plaintiff in ordering the instant construction.

Accordingly, the plaintiff and the defendant agreed to pay 3% of the construction amount to the plaintiff as incentives if the defendant ordered construction works due to the plaintiff's business activities.

(2) Construction works: Construction works of a total area of 12,630 square meters: Construction works of a total area of 12,430 square meters and management office - Electrical construction works, communications works, and fire-fighting construction works due to new construction of a building - The amount of construction budget for construction works: 4,654,00,000 won (the estimated price of KRW 40,594,546,540,000, value of KRW 4059,454,000) and construction works under the Decree on Contracts to Which the State is a Party: Registration of an information and communications construction business under the Electrical Construction Business Act or Decree on Construction Industry (the Construction Industry Act in the case of a construction business operator) as of the date of public announcement as a registered construction business operator under Chapter VI of the Enforcement Decree of the Framework Act on Construction Industry - Registration of an information and construction business under the Electrical Construction Business Act (the construction business operator under the Decree on Construction Industry); Registration of an information and construction business operator under the Electrical Construction Industry Promotion Business Act;