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(영문) 서울고등법원 2015.07.16 2014나2023384
추심금
Text

1. Of the judgment of the court of first instance, the part against the defendant ordering the payment of money in excess of the following amount shall be revoked and revoked:

Reasons

A. Of the grant cost, KRW 2,150,00,000 (hereinafter “the instant contract”) entered into with the Defendant to receive the payment from the Defendant (hereinafter “the instant agreement on the waiver of rights”) and the main content of the agreement on the waiver of rights is as follows.

Article 1 (Payments and Payments for Waiver of Right of Construction) ① In accordance with the “Special Conditions for Contracts under Which the Defendant and the Intervenor to the Defendant have entered into between the Defendant and the Intervenor to the Construction Contract” in return for the waiver of the right of construction over the upper part of the PCM in this B-Linked Road, the Defendant shall pay KRW 2,150,000,000 to A, regardless of the claims between the two companies, within three days after receiving the payment from the Intervenor to the Defendant, under the following conditions:

(2) Time of payment shall be as follows:

-The intermediate payment of KRW 100,000,000 on the date of this contract - the intermediate payment of KRW 1,050,000 at the time of the consent of the ordering authority - The remainder amount of KRW 1,00,000 at the time of receipt of advance payment or the first progress payment after the contract of the original recipient - the agreed amount of the waiver of the right to the construction of the special engineer * the agreement amount of the waiver of the right to the construction of the special engineer 27,80,000,000 won at the ordering authority (the Busan Metropolitan City Construction Headquarters), if the agreement amount of the waiver of the right to the construction of the special engineer is not recognized by the bridge performance - the amount of KRW 1,872,20,000 reduced by the bridge performance

2) On April 29, 201, the Defendant and the Defendant’s assistant intervenor, as a patentee of the instant patent, have the Defendant granted the Intervenor the right to execute construction using the instant patent right among the Consolidated Road Construction, and entered into a B-Linked Construction Contract with the content that the Defendant’s assistant participant would be paid KRW 2,762,00,000 as patent fees and royalties, and KRW 4,500,000 as patent fees and royalties from the Defendant’s assistant participant to receive KRW 4,50,000 as the grant of the license for construction. Of the contractual terms of the above construction license agreement, the main contents of the instant construction license agreement are as follows (i.e., “A” and “B” are as follows.

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