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(영문) 수원지방법원안양지원 2019.08.22 2018가단111760
약정금
Text

1. The Defendant’s KRW 110,00,000 as well as 6% per annum from May 30, 2018 to August 22, 2019 to the Plaintiff.

Reasons

1. The facts subsequent to the facts of recognition may be found either in dispute between the parties or in accordance with Gap evidence Nos. 1 to 4 (including additional numbers), and Eul evidence Nos. 2 and 3, based on the overall purport of the pleadings.

Article 2 (Effect of Agreement) The effect of this Agreement shall be from the date of conclusion of this Agreement to the date of conclusion of the contract for construction works by the project operator (SPC: Special purpose corporation to be established for the implementation of the project in this case) and the plaintiff to the date of conclusion of the contract for construction works, and matters concerning the contract for construction works other than those prescribed in Article 3 (1) 1 shall be entered into again with the SPC.

Article 3 (Conditions for Participation) (1) The proposer shall exercise overall control over the transfer-lease project, and the following conditions for the participation of the project in the transfer-lease project:

1.The project shall be in charge of the build-transfer-lease project and the share of the project shall be fifty percent.

2. The proposer and the City Mayor shall jointly carry out the rental service by organizing the project team (TFT Fork Form) from the time the proposer requires after affixing his seal on this contract.

Article 6 (Mutual Cooperation) (1) A proposer and a Si corporation shall cooperate so that their duties and allocation of roles can be faithfully performed on the basis of the principle of mutual trust and good faith, and shall not impair honor and dignity between themselves.

Article 9 (Compensation for Damages) If either of the proposers or a project implementer causes a loss to the proposer or the project implementer by negligence or intentionally in violation of the terms and conditions of this Agreement, the offender who has caused the loss shall compensate the other party for all the loss.

On June 10, 2016, the Plaintiff entered into a mutual cooperation and joint execution contract (hereinafter “instant contract”) with the Defendant with respect to a public-private partnership project for the incineration of domestic waste in the C-Gun (hereinafter “instant project”) promoted by the Chungcheongnam-do, Chungcheongnam-do (hereinafter “C-Gun”) under the Act on Public-Private Partnerships in Infrastructure (hereinafter “instant project”).

B. The Plaintiff on January 2016

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