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1. Of the judgment of the court of first instance, the part against the defendant in excess of the following order of payment shall be revoked, and
Reasons
1. Details of the classification of basic facts;
1. Project name of the solicited project: The ratio of ownership in the Urban Infrastructure Headquarters in Seoul Special Metropolitan City, the ratio of shares of the company (70%) and the defendant (30%) in the lot construction company;
2. The Construction Co., Ltd. and the defendant will jointly participate in the above projects (hereinafter referred to as “this project”), and the representative of a joint contractor shall be a lot construction Co., Ltd.
Matters related to the design service of the project shall be performed by the representative with the responsibilities and authority, and the total expenses incurred in the course of the contract and tendering for awarded contracts (design service costs, direct expenses, all other expenses, etc.) shall be allocated according to the participation ratio.
Members shall delegate the bid price to a representative company, a lot construction corporation, and shall distribute the profit or loss to each member's share in the portion of profit or loss.
Around October 2011, the Defendant drafted an agreement (hereinafter referred to as the “instant agreement”) with a lot construction company as follows:
B. The Seoul Special Metropolitan City ordered the construction of the foregoing dynasium rainwater tunnels by means of design and construction package deal tender. The dynas Construction Co., Ltd. requested design services to the Plaintiff and the East Engineering Co., Ltd. (hereinafter “Dongbu Engineering”) to participate in the said bidding as a representative pursuant to the instant agreement.
C. When Seoul Special Metropolitan City revokes the order on June 2012, it agreed to determine the design cost up to 250 million won between the Plaintiff and the Dong Engineering (i.e., the Plaintiff’s portion 150 million won for the East Engineering (i.e., KRW 100 million for the Plaintiff’s portion) and the Dong Engineering (i.e., value added tax).
On February 4, 2013, the construction of a lot is 100 million won against the Plaintiff according to its equity ratio (70%) with the Defendant to install rainwater tunnels.