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(영문) 수원지방법원성남지원 2015.09.23 2014가합9539
양수금
Text

1. The Defendant shall pay to the Plaintiff KRW 107,615,846 as well as 20% per annum from December 12, 2014 to the date of full payment.

Reasons

1. Basic facts

A. In the event that the construction was suspended due to a financial shortage that occurred while entering into a subcontract for the road construction work (three sections) from the two mountain Construction Co., Ltd. (hereinafter “dusan Construction”), the Plaintiff proposed that the Defendant succeed to the said construction work by acquiring a license for a specialized construction business necessary for the said construction work from the Plaintiff on August 2011, and provided that the Plaintiff would be able to have the construction works governed by the Act on the Construction of underwater Structures (hereinafter “C.T. Construction”) using the prefabricated C.

B. Accordingly, between the Plaintiff and the Defendant on August 24, 2011 and D, the developer of C.T. method, the Plaintiff and the Defendant, where the Defendant concluded a construction contract to which C.T. method applies through the Plaintiff’s business, the Plaintiff should pay D 12% of the amount of the construction contract as technology fees and 8% of the amount of the construction contract as design fees to the Plaintiff

The technology use contract was concluded with the content.

1. The Plaintiff and the Defendant shall, in principle, comply with the technology use contract without conditions: Provided, That in addition to the technology use contract, the Defendant shall pay the Plaintiff an additional 5% of the construction contract amount.

2. The Defendant should pay to the Plaintiff an additional 12% of the construction contract amount, apart from the technology use contract, to the Plaintiff only for the modern middle industry construction (C.T) that the Plaintiff operated and entered into a contract with the Defendant.

3. The Plaintiff and the Defendant undertake to agree with each other on the following provisions for C Road Construction Works (three sections), and to faithfully perform and observe them:

1. Of the amount payable by a collaborative company incurred by the end of July 201 with respect to the above public case, 10 million won is to be executed on the site by the Defendant until August 31, 201, the Plaintiff shall transfer and succeed to all the rights pertaining to the above public case from the two construction works to the Defendant, and actively cooperate in all the matters, such as construction, process management, design change, etc. until the completion of construction works.

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