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(영문) 서울남부지방법원 2015.10.16 2015가단3451
정산금
Text

1. The Defendant’s KRW 30 million and the Plaintiff’s 6% per annum from December 18, 2014 to October 16, 2015, and the following.

Reasons

1. Basic facts

A. On June 27, 2013, the Plaintiff and the Defendant entered into an agreement with the Korea Institute of Energy Technology Evaluation and Planning, which was an exclusive institution, on June 1, 2013 to May 31, 2017, on the “project for the commercialization of the high-efficiency high-efficiency high-efficiency industrial boiler system exclusive for petroleum coke fuel (hereinafter “instant project”), with the Defendant as the main institution in charge, and various companies including the Plaintiff as participating institutions.

B. On July 12, 2013, the Plaintiff entered into the instant service contract with the Defendant (hereinafter “instant service contract”) with respect to the instant business.

Article 1. All ownership of the petroleum coke boiler system manufactured through the instant project is to be held by the host company (the host company in this Agreement refers to the Defendant).

Article 3. Participating Enterprises (referred to as "Plaintiffs" within this Agreement) shall obtain prior approval from the host enterprise at the time of executing government contributions, and shall submit drawings and relevant data to the host enterprise at the time of approval.

With respect to facilities and purchased goods being manufactured by a participant enterprise, the competent enterprise shall examine the relevant enterprise in accordance with the approved inspection procedure (quality test and management plan), and the participant enterprise shall faithfully implement the approved inspection procedure.

Where any of the following grounds arises to a participating enterprise, the competent enterprise may immediately terminate this contract and modify the participating enterprise by giving written notice, without taking any separate measures:

4. Where the participant enterprise directly or indirectly indicates the refusal to comply with the terms and conditions of the contract, or it is impracticable to implement the terms and conditions of the contract;

C. The Plaintiff entered into a service contract with the content of requesting boiler design services between Han forest Es.S. and Han forest Es. D.

The Plaintiff, while carrying out a policy task, has become unable to proceed with the business on business grounds. On February 18, 2014, all the rights and obligations arising from the instant project to the Defendant.

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