약정금
The appeal is dismissed.
The costs of appeal are assessed against the Plaintiff.
The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).
1. According to the reasoning of the lower judgment on basic facts and the record, the following facts are revealed.
G Project 1) The Ministry of Justice announced a large scale project for the reconstruction of power generation facilities around 2009, the Defendant and E (hereinafter referred to as “E”).
(2) On July 12, 2010, the Plaintiff entered into an agreement with the consortium that “5% of the total amount of the contract shall be paid to the Plaintiff in the event that E is awarded by the Plaintiff’s effort,” and that “5% of the total amount of the contract shall be paid to the Plaintiff as the fee,” with respect to four project orders, including G ordered by E and Celectric power department.
3) At the request of the Department of Electricity, the Defendant alone, not the consortium, is the Defendant G project (hereinafter “G project”).
The E participated in the tender (E was awarded a subcontract by the Defendant when the Defendant ordered the project).
(3) The Plaintiff and the Plaintiff are entitled to receive an increase in the amount that would divide the amount of increase if the final amount of increase is more than the estimated amount of increase in the amount of increase in the amount of the contract (hereinafter “VIP consulting contract”).
(4) On February 14, 201, the Defendant agreed to conclude the G project at USD 218,925,00.
5) On April 7, 2011, the Plaintiff drafted a contract under which the Defendant and the Defendant would pay USD 7,856,000 to the Plaintiff according to the VIP consulting agreement, and around that time, E and E would make a contract for virtual exhibition to pay USD 7,542,00 to the Plaintiff on January 27, 2011, which was to pay USD 7,542,00 in return for the provision of services for the conclusion of the project project. 6) The Defendant paid USD 7,856,00 for VIP consulting contract to the Plaintiff on June 20, 201, and USD 7,542,52,000 for the basic fee under this contract until July 20, 2011, and USD 4,525,200 for each contract.
B. P and Q.