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(영문) 부산고등법원 2017.06.15 2017나50228
위탁수수료 보전 등 청구
Text

1. The plaintiff's appeal and the conjunctive claim added by this court are all dismissed.

2. After an appeal is filed.

Reasons

1. The reasoning of the judgment of the court of first instance is as follows: “The court’s explanation on the instant case is that “The plaintiff takes over the instant lawsuit against the defendant on November 21, 2016 by the Busan International Terminal Co., Ltd. and the Busan International Terminal Co., Ltd. established in connection with the Busan International Terminal Co., Ltd., Ltd.,” and the court of first instance on the ground of the determination maintaining the judgment of the court of first instance: (a) based on the text of the instant agreement claiming a separate special agreement on the ground of seeking payment of compensation equivalent to the amount claimed against the defendant, it is difficult to view that the Corporation imposes a duty to preserve the plaintiff by means of direct payment of money equivalent to the investment cost,” and (b) it is identical to the reasoning of the judgment of the court of first instance, except for adding a decision on the ancillary claim added by this court. Accordingly, it is cited pursuant to the main sentence of Article 4

【Additional Part 【The Plaintiff, as a contractual right under the instant agreement, which is a separate special agreement with the public corporation, asserts that the Plaintiff has the right to free use the instant contract No. 5 of the Busan High Port Loan within the scope of the instant entrustment fee.

Under the agreement of this case, the supervision over the design and construction of the 'BY, etc.' and the 'Y, etc. under the agreement of this case shall be entrusted to the Non-Party Corporation (the plaintiff in advance), and the entrustment fee (total expenses) shall be separately agreed between the joint venture corporation and the non-party Corporation within the limit of 2% of the total construction cost, and it shall be added to the

No. 5 lines and hinterland CY constructed by the instant joint ventures are reverted to the Government at the time of completion of construction pursuant to Article 17 of the Harbor Act, and the investment cost for harbor facilities reverted to the Government is annual from the annual usage fee to be paid by the instant joint ventures or the Plaintiff to the State or Nonparty Corporation.

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