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(영문) 서울동부지방법원 2018.04.27 2015가합3905
약정금
Text

1. The Plaintiff:

A. Defendant B Co., Ltd.: (a) KRW 315,00,000; and (b) from July 1, 2014 to August 21, 2015.

Reasons

1. Basic facts

A. Defendant B’s participation in Defendant B’s D business 1) E (hereinafter “E”).

A) On November 14, 2007, Defendant B and Defendant B entered into a memorandum of understanding that they jointly carry out D projects. (2) around November 2009, Defendant B and Defendant B jointly invested and established SPC to carry out D projects, and the term “F construction works, part of the said projects, E and Defendant B, by combining EPC design, procurement, construction works, and English first characters in English.

Large construction projects or infrastructure projects mean projects in the form of design, procurement of parts and materials, and provision of construction in a lump sum.

It decided to place an order in a way.

3) On November 10, 2009, under the premise that Defendant B does not interfere with Defendant B, SPC investment and construction performance, Defendant B participated in the project with 25% of the SPC participation shares and 25% of the EPC participation shares (joint contract) and agreed as above. (b) On March 2, 2010, the Plaintiff, Nonparty G, H, and I entered into an investment agreement with Defendant C relating to the construction work (hereinafter “instant agreement”), and the main contents thereof are as follows.

The purpose of this Agreement is to raise funds between Defendant B and Defendant C in relation to the construction of F, and to provide for the refund thereof and the method thereof.

1. Payment of funds: G/H/Plaintiff/I shall be paid KRW 100 million to the Defendants by March 3, 2010, and additional KRW 100 million by June 1, 2010, and the total amount of KRW 200 million shall be paid to the Defendants.

2. Repayment of Funds: The time when the Defendants received the amounts of investment and the proceeds of the investments will be the date of F’s execution of construction works and the date of subcontract with E and the said contractor, and the amount of the invested amount (200 million won) and the proceeds of the investments shall be 1% of the total amount subcontracted to the ordering contractor, and the time of payment shall be the same.

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