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(영문) 대구지방법원서부지원 2017.11.28 2016가단14991
구상금
Text

1. The Defendant shall jointly and severally with C Co., Ltd. for KRW 70,597,975 and KRW 68,722,774 among them, as well as for the Plaintiff on September 13, 2016.

Reasons

1. The facts subsequent to the facts of recognition may be found either in dispute between the parties or in full view of the entries in Gap evidence 1 to 8, Gap evidence 1 to 1 (including branch numbers; hereinafter the same shall apply) and the whole purport of the pleadings.

C Co., Ltd. (hereinafter referred to as “C”) concluded the Convention on October 14, 2015 (hereinafter referred to as “instant Convention”) with the Plaintiff’s Intervenor (hereinafter referred to as “Supplementary Intervenor”) as the project implementer designated by the Plaintiff’s Intervenor as the project implementer.

The main contents are as follows:

Article 2 (Definitions) The definitions of terms used in this Convention shall be as follows:

6.The term "project cost" means the cost incurred in the construction of a piracy rink including a ice link, pipeline facility, freezing machine, link fence, mechanical room, electricity room, ice room, ice room and ticket office, resting room, etc. in the implementation plan by C which concludes this Agreement.

§ 6 (Investment in Project Costs) The total project costs required for this project shall be borne by C in full.

Article 8 (Liability for Business Management and Operation) C shall be responsible for the following:

1. Matters concerning the installation, repair, removal and operation of links and auxiliary facilities;

4. Safety management measures and other matters necessary for conducting classes.

7. Other matters requested by a supplementary participant with respect to the preparation, progress, etc. of an event. (2) C shall contribute to the improvement and development of bathing beach facilities by paying 4% of the sales (excluding fees for use of the settlement system), such as admission fees, rental fees, and earnings from incidental facilities, during the operation period, as non-tax revenue of A.

Provided, That the payment rate may be adjusted in consultation with the Gu and C.

Article 11 (Performance Bond) (1) C shall deposit an amount equivalent to 10/100 of the project cost (amounting to 600 million won) on the date of approval of an implementation plan as a performance bond in the account designated by the Gu as a performance bond, or the insurance period of the surety insurance policy shall be March 2017 from the date of conclusion of the agreement.

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