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(영문) 서울중앙지방법원 2017.05.16 2015가합512239
용역대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On December 23, 2008, the Pohang Port Mayor designated and publicly announced the “E Industrial Complex” (hereinafter “E Industrial Complex”) to be developed in South-gu C and D members at the port with the project executor as the project executor pursuant to Article 7 of the Industrial Sites and Development Act.

B. In order to participate in the instant industrial complex development project, the Defendant constituted a consortium and a consortium, and established F Co., Ltd. on April 1, 201, and thereafter, on August 4, 2011, the distribution market changed the project operator of the instant industrial complex development project to F Co., Ltd. in the distribution market.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 13 and 14, the purport of the whole pleadings

2. The gist of the Plaintiff’s assertion is that the Plaintiff, G (hereinafter “G”), and H (hereinafter “H”) performed part of the “comprehensive service” on the instant industrial complex development project and “traffic and environmental impact assessment services” under a subcontract agreement entered into with the Defendant, a contractor for the instant industrial complex development project, and that part of the business under which the Plaintiff, G, and H (hereinafter “H”) had entered into a subcontract with the Defendant, rather than entering into a contract with the Defendant for a single subcontract on the entire business, the Defendant entered into a contract with each of the above services with each of the Defendant. As such, the Defendant was obligated to pay the Plaintiff the unpaid amount out of the subscription price for the part that the Plaintiff received, and even if the Defendant entered into a subcontract with the Defendant as a contractor for the instant industrial complex development project, the said joint contractor and the Defendant jointly and severally agreed to have the Defendant acquire the right to the Defendant directly in proportion to share in the service payment. Therefore, even if the Plaintiff, G, and H were to have entered into one contract on the entire business.

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