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(영문) 서울중앙지방법원 2018.06.29 2017가합9829
분배약정금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

Basic Facts

Defendant B is a person registered as the representative of “D” from 1994, and Defendant C is the spouse of Defendant B, who has operated D substantially from 1984, and has been engaged in the export business, etc. of bamboo sources and various products.

The Plaintiff was employed as D’s business director from May 1, 2002 to June 30, 2016 and retired from office, and was involved in the conclusion and implementation of various contracts as follows.

D while the Plaintiff works in D, the following contracts were concluded in the name of D:

(hereinafter collectively referred to as “each of the instant contracts”). A bid-related service agreement with E Co., Ltd. (hereinafter referred to as “E”) concluded a contract with E to provide bid-related information to E in relation to the tender of F Co., Ltd. (hereinafter referred to as “E”) in which E Co., Ltd. participate, and entered into a contract with E on May 8, 2015 for providing bid information.

Since then, E paid USD 55,00 to D the service cost.

On May 8, 2015, the service contract D related to the heat exchange machine bid with G Co., Ltd. entered into a service contract for the provision of bid information with G in relation to the heat exchange machine bid among the instant construction works in which G Co., Ltd. (hereinafter referred to as “G”) participate, and entered into a contract for the provision of bid information with G on May 8, 2015.

Since then G paid USD 25,00, which is 50% of service price, to D.

H A service contract for business support with H was concluded on June 30, 2015 with H Co., Ltd. (hereinafter “H”) located in the Republic of Korea on a service contract for business support related to the export of steel structure, and paid USD 100,364.15 from H on November 2, 2015.

The Plaintiff was given two business tripss in relation to the above contract, and was paid in advance from the Defendants the KRW 5,000.

D Contract related to tendering with I Co., Ltd. is part of the instant construction project in which I (hereinafter “I”) participates.

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