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(영문) 서울중앙지방법원 2014.02.19 2012가합9046
출자금
Text

1. The defendant (Counterclaim plaintiff) shall all dismiss the counterclaim.

2. On the Plaintiff (Counterclaim Defendant),

A. Defendant (Counterclaim Plaintiff).

Reasons

1. Basic facts

A. The Plaintiff and the Defendants constitute a joint supply and demand organization (hereinafter “instant joint supply and demand organization” in the name of each of the above companies) with Pung Forest Industry Co., Ltd., Geum River Construction, and Geum River Construction Co., Ltd. (hereinafter “Co., Ltd.”), and supply and demand companies of the Republic of Korea (hereinafter “instant joint supply and demand organization: the Ministry of Land, Transport and Maritime Affairs”) with the Republic of Korea (hereinafter “Sasan District Co., Ltd.”).

B. 1) On October 16, 2009, the instant joint contractor participated in the tender of the instant construction project and was selected as a successful bidder, and entered into a contract for the instant construction project with the Republic of Korea on October 16, 2009. According to the said contract, the instant construction project consists of the joint performance portion and the joint performance portion, and the construction cost for the joint performance portion is KRW 126,496,98,000. Thereafter, the instant joint contractor and the Republic of Korea entered into a contract to increase the construction cost for the joint performance portion at KRW 132,050,000 (hereinafter collectively referred to as the “instant contract”).

2) At the time of the conclusion of the instant contract, the instant joint supply and demand agreement agreed to the effect that “the content of the joint supply and demand agreement shall be substituted by the content of the electronic terms and conditions, and the content of the joint supply and demand agreement in force as of the date of conclusion of the contract shall be deemed to apply as it is to the terms and conditions of the joint supply and demand agreement in force as of the date of conclusion of the contract, and agreed not to raise objection

C. According to the terms and conditions of the terms and conditions of the electronic contract and the terms and conditions of the joint supply and demand agreement, the representative of the instant joint supply and demand agreement is the Plaintiff, and according to the terms and conditions of the electronic contract agreement, the representative of each of the instant joint supply and demand agreements is the Plaintiff, and the Defendant New Construction Co., Ltd. (hereinafter referred to as the “Defendant New Construction Co., Ltd.”).

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