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(영문) 수원지방법원평택지원 2019.02.14 2017가합11072
공사대금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On November 2014, Pyeongtaek-si recruited a business that installs a facility for joint resource-generating of livestock excreta in Pyeongtaek-si Cri (hereinafter “instant business”).

B. On December 23, 2014, the Plaintiff subscribed to the instant public offering, and was selected as a priority negotiation subject for the instant project. The Defendant participated in the instant public offering as a subsidized project operator.

B New Construction Contract for the I Center

1. Construction name: New construction of the Pyeongtaek-si Cri I Center;

2. Place of construction: Pyeongtaek-si D, E, F, G, and H.

3. Period for construction: 12 months after commencement.

4. Total project estimate and down payment - Total project estimate: 4.5 billion won (including value-added tax): 450 million won (including down payment): The remainder: 4.5 billion won (10% of the total project estimate) - The remainder shall be 4.05 billion won (hereinafter referred to as “A”) by the president of the Association J (hereinafter referred to as “B”) and the representative of A, a corporation subject to preferential negotiations selected in Pyeongtaek-si, as a public company of the I Center of the Association on the ground above four parcels, scheduled to be constructed on Pyeongtaek-si (hereinafter referred to as “B”), for the new construction of the I Center on the following terms:

Article 1 (Methods and Principles of Promotion of Projects) (1) The method of promotion of projects shall be implemented by Gap and Eul pursuant to Article 3 of the Livestock Industry Act, Article 3 of the Act on the Management and Use of Livestock Excreta, and Article 5 of the Act on the Special Measures for Development of Agricultural and Fishing Villages, and shall be implemented as a public corporation on the condition that they are responsible for all matters, such as new construction works necessary for the construction of the I Center, development authorization,

(2) If Eul fails to obtain development authorization, permission, building permission, etc. necessary for the new construction of Gap's I Center, it shall cancel its public corporation history and may not raise any objection (including a claim for damages, etc.) thereto.

(3) If Gap fails to accept the requirements for supplementation and request presented by Gap for the new construction of the I Center, Eul shall cancel his/her public corporation, as referred to in paragraph (2), and shall raise any objection to the second priority negotiations and the promotion of the projects.

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