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(영문) 서울중앙지방법원 2016.10.26 2014가합7303
채무부존재확인
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On July 2008, 2008, 1) the additional Sincheon-si's 607 ground on the 607 ground of the office of the Public Procurement (hereinafter "the disposal facilities of this case") shall be the disposal facilities for domestic waste in the additional city.

2) The construction project undertaken by designing and performing the project (hereinafter referred to as the “instant construction project”).

(2) On August 2008, the Plaintiff, the Defendant, and Han Jin-gu Co., Ltd. (hereinafter referred to as the “Korean Co., Ltd”) concluded the following agreements (hereinafter referred to as the “instant agreement”) around August 2008 to participate in the instant construction project.

2.Each company shall agree to jointly carry out the Project, and at the time of receiving orders, the Corporation shall carry out the Project by means of a joint implementation.

With respect to the execution of the Project, the ratio of participation of the Plaintiff, the Defendant, and the Korea Development Bank in the Project is as follows:

- Defendant: 55%, 25%, 10%, 20%, 20%

3. The preparation of the basic design drawings and specifications for bidding shall be administered by the defendant, and the execution design drawings for the project shall be performed by the defendant at the time of receiving the project, and the basic design service costs shall be calculated by applying "the method according to the third construction cost ratio of the engineering project cost (No. 2008-109, Jun. 3, 2008, Ministry of Knowledge Economy)" to the standards for the engineering project cost, and additional

9. In the event that this project was ordered, all matters pertaining to the execution will be organized by the Joint Execution Steering Committee and will be in accordance with the provisions of that Committee, and the representative of the Joint Execution Steering Committee will be in charge of the defendant.

3) The instant joint contractor was selected as qualified for working plans by participating in the instant construction project tender, and the Defendant, on behalf of the instant joint contractor, on December 26, 2008, designated the contract amount of KRW 14,300,000,000 as the contract amount and the instant joint contractor’s contract period from December 26, 2008 to May 20, 2010 as the contract amount of penalty for delay was set at 0.1% of the contract amount (hereinafter “instant contract”).

(b).

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