logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2016.07.08 2015나2037700
협약이행보증금 청구
Text

1.The judgment of the first instance shall be modified as follows:

The defendant shall pay to the plaintiff KRW 13,220,000,000 as well as to the plaintiff on March 2013.

Reasons

1. The reasons why this Court uses this part of the basic facts are the same as the entry “1. Basic Facts” in the reasoning of the judgment of the court of first instance, and thus, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. This Court's reasoning for this part of the judgment on the obligation to pay performance bonds under the Convention is the same as the part of "the judgment on the obligation to pay performance bonds under the Convention" in the reasoning of the judgment of the first instance except for the dismissal of the pertinent part as follows. Therefore, this part is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

Parts 16 through 4 of the first instance judgment of the first instance court are as follows.

In addition to the above facts, the Plaintiff decided to promote the instant project through the public invitation of private business operators instead of directly promoting the project, and the instant consortium was selected as the priority negotiation object pursuant to the instant public invitation guidelines on the condition that the project company was established and operated in accordance with the business plan prepared and submitted by the Plaintiff, and the instant consortium under the instant business agreement was obligated to implement the project in accordance with the instant business plan. In view of the fact that Alpha FranB was obligated to implement the project in accordance with the instant business plan, the instant consortium appears to have failed to commence the construction due to the cause attributable to the instant consortium.

(b) state that “295,576,000,000 won” in the Tenth sentence of the first instance judgment is “298,576,00,000 won”.

(c) treat “(2) of Part 17 of the first instance judgment as “(3)”, “Class 4(3) of Part 18 as “(4)”, and “Class 18(4) as “(5)”, respectively;

Part 23 of the decision of the first instance court from 19 to 24 of the decision of the first instance is as follows.

In addition to the above facts of recognition, the consortium of this case is basically obligated to proceed with the business in accordance with the instant business plan, and the plaintiff's duty to cooperate is specified.

arrow