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(영문) 수원지방법원 2018.11.15 2017가단548615

정산금 등 청구의 소

Text

1. Defendant C’s KRW 20,873,230 as well as 5% per annum from July 26, 2018 to November 15, 2018.

Reasons

1. Basic facts

A. On April 20, 2015, the Plaintiff and Defendant B Co., Ltd. (hereinafter “Defendant Company”) form a group in the name of “STAOIL” and “BBBL in the course of carrying out the vessel projects and the business agreements with Defendant C, the representative of Defendant C, D, and F (hereinafter “Plaintiff, etc.”) on April 20, 2015, the representative G (hereinafter “Plaintiff, etc.”) of the F, “STIL” (hereinafter “the instant business agreements”) shall include a group in the name of “H in carrying out the projects” and “Berberg” (hereinafter “the instant business agreements”). The representative shall appoint Defendant C as the representative, and shall make the Defendant C make his best efforts to comply with the contracting and the business agreements with domestic and foreign enterprises.

Upon entering into the contract, Defendant C entered into an agreement with the content that the corporation shall pay 7% of the amount paid for each month to Defendant C when the corporation received the orders for construction or delivery.

B. After that, on July 31, 2015, the Plaintiff et al. agreed on the following terms and conditions (hereinafter referred to as “instant agreement”).

The Agreement is related to the registration of the company as described above, which is currently in progress on July 9, 2015, and is related to the I project for the vessel manufacture of the STSIL and the registration of the company as described in the General Project for the Implementation of the aforementioned Project.

1.B Schedule C shall be responsible for concluding a contract for the project set out above.

2.F G, D, and the Dispute Settlement Bank Co., Ltd. shall pay the project specified above to the Project Co., Ltd. in a successful manner, immediately upon receipt of the price for 7% remuneration in the interest of the construction cost to the incidental Co., Ltd. in the Dispute Settlement Co., Ltd.

3. If the project is not received, the Annex B of the Dispute Resolution Co., Ltd shall be responsible for the project, and all the expenses incurred for the project in the past shall be paid immediately to the FG of the Dispute Resolution Co., Ltd., D E and the Dispute Resolution Co., Ltd. and shall be subject to civil and criminal liability.

4.The LAJ shall, in advance, consult with the LAF G, the Dispute Resolution D and the KAJ in order to receive contracts for the project.