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(영문) 서울중앙지방법원 2014.10.17 2014가합22906
중재판정취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The following facts of recognition do not conflict between the parties, or are recognized by Gap evidence Nos. 1 to 3 (including each number, if any) and Eul evidence No. 1, taking into account the overall purport of the pleadings:

A. The Defendant is an essential part-time company established for the purpose of providing consulting services related to the project ordered by the Cream Government.

B. In 2009, the Department of Crestal Power announced that it will implement a large-scale project called “Mega engineering (Mega)” to reorganize the power generation facilities of A, and the Plaintiff, together with Hyundai Engineering Co., Ltd. (hereinafter “Nega engineering”) and Pacific Engineering D Co., Ltd. (Per Engine Co.) to participate in the project and entered into a consortium agreement around May 2010.

C. Around July 12, 2010, the Defendant entered into a transfer agreement (Agency A; hereinafter “instant transfer agreement”) with the Plaintiff on the following terms: “In relation to the receipt of four projects (B, C, D, and E) ordered by the Department of C National Power (B, D, and E), the Plaintiff shall pay 5% of the total amount of the contract to the Defendant when the Defendant orders the project by the Defendant’s endeavor.”

In addition, Hyundai Engineering Co., Ltd. ("B project") participated in the bidding for B project ("B project"), and entered into a contract with the Defendant on the increase in the amount of money that would have been divided into 50:50 if the final amount of money is increased compared to the minimum amount of money expected to be received from the Hyundai Engineering when the Plaintiff received a subcontract for the project (the Plaintiff agreed to receive a subcontract for the project). Hyundai Engineering Co., Ltd. ("VIP consulting contract" hereinafter) verbally entered into a contract on the increase in the amount of money that would have been divided into 50:50. On February 14, 2011, Hyundai Engineering Co., Ltd. (hereinafter "VIP consulting contract") with the Defendant’s efforts.

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