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(영문) 서울중앙지방법원 2016.05.11 2014가합569115
용역계약해제 무효확인 등 청구
Text

1. As to KRW 264,251,532 among the Plaintiff and KRW 139,102,351 among them, the Defendant shall pay to the Plaintiff KRW 264,251,532, and KRW 125,149,181.

Reasons

1. Basic facts

A. On September 3, 2013, the Plaintiff and the Defendant entered into an agreement on the performance of duties with respect to the instant project (hereinafter “instant agreement”) with the Plaintiff and the Defendant, to organize an internal consortium in order to receive services for the production and installation of exhibition halls B implemented by the Korea Land and Housing Corporation (hereinafter “instant project”), and entered into an agreement on the performance of duties with a view to 50% of their shares in the instant project (hereinafter “instant agreement”).

The main contents of the instant agreement are as follows.

【Main Contents of the instant agreement】

1. (Contents of the Convention) In order to ensure the successful performance of the projects set forth above, the Defendant and the Plaintiff agree to provide each other with the relevant knowledge and technology, such as the relevant information, technology patents, exhibition, demonstration, and conference-how held by each company on the basis of good faith, and jointly participate in the B public relations hall production and installation services.

2. (Shares in Manufacturing and Installation Works) The ratio of shares of the Defendant 50 per cent of all Plaintiff 50 per cent of all the Plaintiff 50 per cent of the production of the proposal shall be as follows, and the Representative shall be the Defendant:

Provided, That all expenses for the production and affairs of proposals (100%) shall be borne by the defendant who is the representative, and all expenses for the business (100%) shall be borne by the plaintiff, subject to the condition that the plaintiff bears all expenses for the business.

3. (Sharing of Manufacturing and Installation Works and Affairs at Time of Project Orders) In the event of successful implementation design and construction works, the following works shall be carried out by sharing the duties of manufacturing and installation works and works:

1) The Defendant and the Plaintiff share 50 per cent in accordance with the respective shares of the construction works produced and installed in Article 2 above: 50 per cent: 2) The working design expenses and performance expenses and expenses after the issuance of orders shall be shared in proportion to the respective shares of the Plaintiff (50 per cent).

3) The scope of construction work after the order of the above project is determined in accordance with the equity ratio of the construction scope under Article 3(4) of the Act, and the shop design is determined by an external specialized institution (an entity specializing in exhibition).

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