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(영문) 서울중앙지방법원 2017.08.11 2016가합570706
정산금 등 청구의 소
Text

1. The Defendant shall pay to the Plaintiff KRW 2,745,284,843 and the interest rate of KRW 15% per annum from December 2, 2016 to the date of full payment.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company established for the purpose of computer system services, data processing technology services, and communications construction. The Defendant is a company established for the purpose of computer network equipment, software development, information and communications construction, etc.

B. On December 13, 2012, the Plaintiff and the Defendant entered into a joint supply and demand agreement to jointly carry out the “A Communications Corporation” business (hereinafter “instant construction business”). The said joint supply and demand agreement between the two construction companies (hereinafter “the instant joint supply and demand agreement”) and the construction cost of KRW 15.29 billion (hereinafter the same shall apply) and the construction period from February 7, 2013 to February 7, 2016, by setting the share ratio of the Plaintiff 70% and Defendant 30%. The said joint supply and demand agreement was concluded between February 7, 2013.

3) On the same day, the Plaintiff and the Defendant drafted a written agreement (hereinafter “the instant business agreement”) containing the following contents, and agreed on the division of business affairs of the instant construction (hereinafter “instant business agreement”). According to such agreement, the Plaintiff’s management entity: (a) installed the purchase of Class 19 telecommunications facilities; and (b) the Defendant’s management entity’s management of the purchase of the AFC system AFC system (AFC system) refers to the software system that deals with hardware equipment, such as the sales machine for the automation of the receipt of subway fares, the power machine, the opening ticket, and the settlement of hardware and charges; (c) the installation construction (hereinafter “AFC system”) and communications construction (hereinafter “communication construction”); and (d) the Plaintiff (hereinafter “A”; and (e) the Defendant (hereinafter “B”); and (e) the joint supply and demand agreement entered into between the Parties on December 13, 2012 and the Parties on December 27, 2013.

1.The terms “A” and “B” shall be as follows, on the basis of the contracts concluded with the ordering person, site descriptions, and other contractual documents, etc.

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