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(영문) 서울고등법원 2019.01.15 2018나2023108
약정금
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. Facts of recognition;

A. Defendant B Co., Ltd. (hereinafter “Defendant B”) promotion of Defendant B’s “D Business”).

(2) On June 27, 2006, Defendant B, from around December 2006, established the purpose of collective energy business (regional heating and cooling, industrial complex collective energy, district collective energy, etc.) for the purpose of collective energy supply business (hereinafter “E”), Defendant B, etc. requested for joint participation in the instant business from January 2007, in contact with the Korea East Development Corporation, the Korea District Heating Corporation, and E Co., Ltd. (hereinafter “E”).

3) Following these developments, E and Defendant B agreed on August 10, 2007 to jointly promote the instant project, and on November 14, 2007, written a memorandum of understanding (No. 2-2) stating that “E shall jointly promote the instant project, including the role, cost sharing, etc. as necessary for the joint implementation of the instant project” (E shall be written on October 4, 2007, prior to the preparation of the above memorandum of understanding, and written on October 4, 2007, “E shall plan the collective energy supply project to be promoted as a private proposal project, and O shall actively support the project” (No. 2-1).

[4] On November 2009, E and Defendant B agreed to the following contents relating to the method of promotion and participation shares of the instant project. A) A) joint investment between E and Defendant B, thereby establishing a PC for the instant project (a special purpose company, and that PC is part of the instant project to E and Defendant B, a heat-combined construction work, and a heat pipeline.

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