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(영문) 서울중앙지방법원 2018.09.13 2015가합560900
약정금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 985,237,00 to the Plaintiff (Counterclaim Defendant) for KRW 985,237,00 and its amount from April 1, 2015 to September 13, 2018.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Judgment on the plaintiff's main claim

A. On January 1, 2013, the Plaintiff and the Defendant entered into a contract for the installation of petroleum coke processing facilities and coal storage facilities (hereinafter “instant contract”).

(1) At the time of the conclusion of the contract, “A” and “B” have agreed as follows: (a) The purpose of this contract is to provide for all matters pertaining to the stable storage, processing, production, and shipment of mincck oil in a three-dimensional plant where “B” and “B” manufacture and construction of production equipment necessary for the petroleum coke processing, and at the request of “A”, and to provide for all matters pertaining to B’s stable storage, processing, production, and shipment of minck oil. (b) Article 3 (Investment for the End petroleum Coke Processing Facilities and Storage Facilities) ① The production and construction of the production equipment and storage facilities necessary for the minc processing shall be completed within 0% of the total amount of investment (within 1.5 billion won) within 1.5% of the total amount of investment (within 1.5% of the total amount of investment) after the commencement of construction work within 1.5% of the total amount of investment (within 1.5% of the total amount of investment) and the intermediate payment shall be made within 1.5% of the total amount of the commencement of construction work.

1. The amount divided by the investment amount of Gap, which is not higher than that of Gap;

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