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(영문) 제주지방법원 2015.09.24 2014가합6318
정산금
Text

1. As to the Plaintiff KRW 300,300,00 and KRW 100,120,00 among them, the Defendant shall pay to the Plaintiff KRW 100,50 from April 5, 2012, and KRW 100,120,00.

Reasons

Basic Facts

A. On August 3, 2011, the Plaintiff entered into an agreement on the entrustment of business with the Defendant with the following content:

(hereinafter referred to as the “instant agreement”). Article 1 (Purpose) of the Convention aims to conduct feasibility studies necessary for Jeju Green Industrial Complex Development Project and to determine detailed matters, such as the procedures and methods for formulating industrial complex plans (+implementation plan).

Article 2 (Scope of Business) The scope of business shall be as follows:

1. Feasibility study;

2. Formulation of Jeju Green Industrial Complex Plans (development plan + implementation plan);

3. Request for a preliminary feasibility study (KS) and consultation Article 3 (Entrustment of Affairs) A shall conduct the overall project under Article 2 on commission to B;

Article 5 (Project Costs) The project costs required for the project under Article 2 shall be borne by 50% each by A and B, and the project costs shall be two billion won.

(Presumption) In such cases, where the project cost is exceeded, 50% shall be borne in consultation with A and B, respectively.

Article 6 (Delivery and Settlement of Project Costs) (1) In implementing this project, A shall issue project costs at the request of B, and B shall submit a report and a statement of accounts to A after the completion of the project.

(2) When any of the following occurs, the business shall be suspended, and Eul shall prepare and submit a report to Gap up to that time, and settle the accounts from the project expenses paid by Gap:

Where it is impossible to continue to implement the project due to natural disasters, Gap's circumstances, etc.

Where the results of preliminary feasibility study are determined to have no feasibility feasibility;

B. In accordance with the instant agreement, the Plaintiff paid the Defendant KRW 1,828,00,00,000 as project expenses on September 5, 201, and KRW 1,828,00,000 on March 25, 2013; among them, KRW 200,240,000 on April 4, 2012; and KRW 200,240,000 on December 13, 2012; KRW 10,000,00,000 on May 4, 2013; and KRW 10,000,00,000 on December 30, 2013; and KRW 10,120,000 on December 30, 2013.

C. On April 14, 2014, the Defendant directly implemented the Defendant’s private capital (SPC) in accordance with the guidelines for the operation of the public institution’s debt reduction plan by the Ministry of Planning and Finance.

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