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(영문) 수원지방법원안양지원 2017.12.22 2015가합104508
용역비
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Katar Gas Transport Company, the subsidiary company of Qatar Peum, established NKM (Nakat-Kpel Offshore & mar) as a joint venture investment company in order to construct a new shipbuilding yard (hereinafter “Katar Shipbuilding”) in Singapore.

B. On April 16, 2007, the Defendant granted the power of representation to the Plaintiff, a Singapore Company, regarding the business of “Katar New Shipbuilding Project.”

C. On October 22, 2007, the Defendant made a proposal for a contract to QGTS. On February 3, 2008, QGC concluded a contract with the Defendant and Hyundai Comprehensive Commercial Co., Ltd. for the supply and installation of Wrain 10 (100 tons, 50 tons, 1 to 30 tons) to USD 68,200,00 (hereinafter “instant contract”).

On April 15, 2008, Hyundai Comprehensive Commercial Co., Ltd. entered into a contract with the Plaintiff to pay USD 1,705,000 equivalent to KRW 2.5% of the transaction amount of the instant contract to the Plaintiff as commission.

E. On August 14, 2012, the Defendant entered into a contract with QGTC for the supply and installation of three (100 tons, 20 tons, 30 tons, 10 tons) to USD 22,78,178 (hereinafter “the instant additional contract”).

[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2, Gap evidence 3, 45, Eul evidence 1, Eul evidence 8-2, and the purport of whole pleadings

2. The parties' assertion

A. In light of the fact that the Defendant ordered the same unit price, use, and strawing of the instant contract, the order of the strawer to be used in the strawing design from the time of the instant contract was anticipated, the Defendant entered into a negotiated contract, and the time at which the instant additional contract was entered into is close to the time of delivery of the product under the instant contract, the instant additional contract was arising from the Plaintiff’s business activities.

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