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(영문) 울산지방법원 2020.08.21 2019가단118646
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a company that manufactures steel structure, etc., and the Defendant is a company that designs, constructs and supervises machinery and equipment.

B. On July 11, 2016, the Defendant concluded a business arrangement (hereinafter “instant agreement”) with the Plaintiff, among the above disposal facilities, to mutually cooperate with the Plaintiff that the Korea Atomic Energy Corporation has technology related to CR in order to receive the “C” published in the public notice of tender in 2016.

The defendant of the business agreement and the plaintiff shall conclude a business agreement with respect to the bid of MCR among the two-stage disposal facilities of the C in which this order is to be placed as follows:

Article 1: The defendant and the plaintiff shall actively cooperate in tendering affairs for MCR for the success of D, which is scheduled to participate in the bidding, and mutually cooperate in preparation of bid data (such as technical and price calculation) including the review of technical specifications and the attendance of meetings for technical verification, preparation of technical proposals, design/production/ installation/ trial run.

2. : The effects of this Agreement and this Agreement shall remain in force from the date of signing by the two representatives until the date of the announcement of the results of the tender, and the plaintiff shall provide all the data (technology and price) required for this

After the success of this proposal, the defendant ordered the plaintiff to award a certain portion (at least 20% of the amount of MFS) of the cost of design/production/establishment/ trial run.

The defendant and the plaintiff mutually cooperate even after the success in the bid in relation to the design/production/establishment/ trial operation of MCR (former system, structure and electrical equipment).

The plaintiff shall not cooperate with the plaintiff, other than the defendant, during the bidding period.

Article 3:In the event that there is any doubt or omission in the interpretation of this Agreement or in the resolution of disputes, such a resolution shall be made only by mutual consultation.

4. Article 4: The rights of this Agreement 3.

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