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(영문) 서울중앙지방법원 2016.02.03 2014가합57018
용역계약무효확인 등
Text

1. As to the Plaintiff (Counterclaim Defendant)’s KRW 500,000,000 against the Defendant (Counterclaim Plaintiff) and its related thereto, the Plaintiff (Counterclaim Defendant) from January 7, 2015 to September 30, 2015.

Reasons

1. Basic facts

A. The Defendant (Counterclaim Defendant) (Counterclaim Plaintiff; hereinafter “Defendant”) entered into a technical service agreement with the Defendant (Counterclaim Plaintiff); and

) An incorporated association D (hereinafter referred to as “D”)

(3) On October 17, 2013, the Plaintiff (Counterclaim Defendant; hereinafter “Plaintiff”) was planned to participate in the bidding of the construction company with respect to the “C Corporation” as publicly notified on the ground of the examination.

(2) 973,500,000 won (including value-added tax; hereinafter the same shall apply) in respect of the instant project and the cost of the project

(2) Around December 31, 2013, the Defendant concluded a technical service agreement with D to the construction period of KRW 500,000,000, and the construction period from October 17, 2013 to March 15, 2014 (hereinafter “instant contract”). Around the same time, the Defendant concluded a new technical service agreement with D to the construction amount of KRW 968,00,000 for the instant construction project and KRW 500,000 for advance payment, and the construction period of KRW 50,000 for the instant construction project from January 2, 2014 to June 2, 2014 (hereinafter “instant contract”).

E Co., Ltd. (hereinafter referred to as “E”) affixed a seal to the instant contract as the surety.

B. The Plaintiff’s advance payment guarantee insurance policy and the Defendant’s advance payment 1) as to the instant contract around October 17, 2013, the Plaintiff is Seoul Guarantee Insurance Co., Ltd. (hereinafter “Seoul Guarantee Insurance Co., Ltd.”) with the insurance contractor from October 22, 2013 to March 15, 2014.

The amount of insurance coverage is KRW 210,00,000) and the Electrical Construction Mutual Aid Association (amount of KRW 190,000,000) respectively, and each of the advance payment policy issued by the Seoul Guarantee Insurance and the Electrical Construction Mutual Aid Association and submitted it to the Defendant. 2) The Defendant paid to the Plaintiff the advance payment of KRW 500,000,000,000,000,000 to the Defendant, respectively.

C. On May 19, 2014, the Plaintiff, who entered into the instant contract and notified the Defendant of the rescission of the instant contract, on the grounds that the Plaintiff delayed the procurement of the Fracks necessary for the instant construction to the Defendant.

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