logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 춘천지방법원원주지원 2015.09.24 2014가합5933
약정금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On October 22, 2012, the Plaintiff and the Defendant drafted a written agreement stating that “the Plaintiff and the Defendant shall carry out joint projects with respect to the Busan District D, Gun E, High-ro F Machinery Supply, Ho Government G, and H cases.” On November 6, 2012, the Plaintiff and the Defendant agreed to jointly carry out the orders, contracts, and 20% of the contracted contract amount to the Plaintiff, and agreed that the Defendant shall pay to the Plaintiff 20% of the contract amount to the Plaintiff. The Plaintiff and the Defendant, as much as possible, endeavored to increase the contract amount of the above construction, agreed to agree to do so with good faith, and agreed to do so.”

(hereinafter referred to as “instant agreement” in this context

After the agreement of this case, the Defendant received orders from the Korea Land and Housing Corporation (hereinafter referred to as the “Korea Land and Housing Corporation”) for the I Corporation (hereinafter referred to as the “instant Construction”) among the 3 sections of the D District Development Project, which were ordered and contracted by the Large Construction Co., Ltd. (hereinafter referred to as the “Large Construction”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, 5, Eul evidence Nos. 2 and 3 (including numbers, if any; hereinafter the same shall apply), fact-finding on alternative construction, witness J and K's testimony, and the purport of the whole pleadings

2. Summary of the parties' arguments;

A. After the agreement of this case, the Plaintiff was made by the Defendant to undertake the instant construction work with the Korea Land and Housing Corporation that is the ordering person, and as a result, the contract for the instant construction work was entered into between the Defendant and the Substitute Construction. Under the agreement of this case, the Defendant is obligated to pay the Plaintiff the amount of KRW 455,00,000 (=2,275,000,000 x 20% of the construction cost of the instant construction x 20%) and the delay damages.

B. The Plaintiff did not endeavor to enable the Defendant to order the instant construction work after the instant agreement was reached.

arrow