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(영문) 서울중앙지방법원 2015.09.18 2014가합504996
손해배상(기)
Text

1. The Defendant (Counterclaim Defendant) is the Plaintiff (Counterclaim Defendant)’s Plaintiff (Counterclaim Defendant)’s LAWF amounting to KRW 539,816,128, and the Plaintiff (Counterclaim Defendant).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

In fact, the Plaintiff’s status as the party concerned is the company engaged in the sale of real estate, consulting, commercial housing, etc., and the Plaintiff’s guardian deposit is the company engaged in real estate development, supply, sale, and lease-related service business. The Defendant is the incorporated foundation jointly established by the Ministry of Trade, Industry and Energy and Incheon Metropolitan City as the implementer of the complex facility “Songdo Songdo Songdo Standdo (hereinafter “Songdo”) development project (hereinafter “instant project”).

On May 4, 2010, the Defendant entered into the instant service contract with the Plaintiffs and the Hydrid Co., Ltd. (hereinafter “Plaintiff consortium”) on the contract amount of KRW 27,916,691,00 (including value-added tax; hereinafter the same shall apply), and the contract term of the instant service contract is from May 4, 2010 to October 3, 2012 (hereinafter “instant service contract”). The details of the agreement on the joint supply and demand of Plaintiff consortium, the special terms and conditions of the instant service contract (hereinafter “special terms”) and the instant service contract are as follows:

Article 1 of the Standard Agreement on Joint Supply and Demand / [Purpose] Article 1 of the Agreement between the plaintiffs and the stock company provides that the agreement between the plaintiffs and the stock company shall be concluded to jointly and severally carry on the following joint business for the purpose of planning, bidding, construction, etc. of services by using finance, management, technical capability, personnel, equipment, etc.

1. Business name: Selection of a business operator for the creation of a sloping AB block and sales agency;

2. Contract amount: 26,972,8910 million won;

3. Name of project owner: Defendant 9 (Ratio of Investment by Members) (1) The ratio of investment by joint contractors shall be determined as follows:

1. Plaintiff SIS: 60%;

2. Plaintiff guardian deposit: 25% on March 3.

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