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(영문) 서울중앙지방법원 2019.05.28 2018가합556834

용역대금(약정금) 지급 청구의 소

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Plaintiffs are those running a business entity with the trade name called D conducting business activities, such as technical alliance, and the Defendant is the company that runs a building and a civil engineering business.

Article 2 (Details of Agreements)

1. The project covered by this Convention is “the installation of the E Noise Reduction Facilities (Korea Land and Housing Corporation)”.

2.D (referring to the plaintiffs) shall make every effort to enter into an agreement on the use of patent technology with respect to which new construction technology (F) or patent (G) owned by the defendant is reflected in the working design of the target project.

Article 3 (Business Expenses)

1. It is applied to a project subject to new construction technology or patent technology owned by the Defendant by the business activities of D and ordered by the Defendant, and if the Defendant becomes a contractor, the Defendant shall pay D business expenses for the applicable technology.

2.The operating expenses of the Project shall be five hundred and twenty thousand won.

5.In the event that the Defendant is unable to participate in construction or the scale of construction is reduced, such as replacing side walls with concrete retaining walls, in accordance with the Technology Fee Convention, etc. of the ordering Party, business costs shall be separately consulted.

Article 10 (Effects and Validity of Agreements)

1.The term of validity of this Convention shall be from the date of the Convention to the date of completion of the construction work and the payment of technical operating expenses.

2.This Convention shall be effective only where the new construction technology (F) and patent (G) technology owned by the Defendant are reflected in the design, and the Defendant directly participates in the execution.

B. On December 23, 2016, the Plaintiffs and the Defendant entered into a business partnership agreement with the Defendant to use the Defendant’s construction new technology or patent related to soundproof tunnels (hereinafter “instant new technology”) with respect to the installation of the E Noise Reduction Facilities ordered by the Korea Land and Housing Corporation (hereinafter “instant agreement”), and the main contents thereof are as follows.

(c) the Korea Land and Housing Corporation shall be the Corporation on October 27, 2016.