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(영문) 창원지방법원 2021.01.14 2019가합52631
부당이득금
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

(c) Personnel rights and service rights of the company or right of decision on delivery;

4. The right to consult on or decide on the execution of utility surcharges accompanied by a stone project.

5.Article 3 (Limits to the above-mentioned and authority) A of the Supplier 3 (Limits to the above-mentioned and authority) that takes precedence over the benefits of the project shall delegate to B all the powers other than the financial problem in carrying out the project in accordance with this Agreement, and B may exercise all the rights to the project.

Provided, That at the time of exercising rights, it shall be determined through consultation between A and B.

When doctors are different, A shall be determined according to the intention of B.

Article 5 (Determination of Unit Price Consultation) The unit price based on the unit price for the volume to be determined by the type of private tin (0.015 to 0.03 cubic meters) 13 cubic meters of the general gtin (100m to 20m) 13m of the gtin in [Attachment 100m] 15m of the gtin (100m to 100m) 16m of the gtin in 15m of the gtin (40m to 100m) m, the mar 16m of the gtin in 25.5m of the gar m. m. * the unit price, including all the amounts of the upper conditions

(hereinafter the same shall apply)

* No cost other than the unit price may be demanded to B when the selection project is completed at the end of the selection project.

Article 12 (Provisions of Special Agreement) In the event of a separate special agreement, the said special agreement shall prevail over the said special agreement.

There are special terms and conditions(special terms).

1. Terms and conditions of the special agreement (i) In determining A and B, the starting date shall be April 1, 2018, and KRW 20,000,000,000 for advisory services retroactively applied shall be deposited to Defendant B by August 5, 2018, and all liabilities for any issues arising from a delay in payment or unpaid payment shall be owed to A.

(2) In the case of the supply of outside works or stone to which Eul has exclusive contract, Gap shall preferentially supply them, and the part of damage caused by the failure in the supply of stone shall be the responsibility of Gap, and the contract subject related to the supply shall be Eul, and the time for the formation and application of the contract shall be from July 1, 2018.

(3) In estimating and concluding a contract for a supplier, A shall respect the determination of B, and make a contract and deliver it.

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