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(영문) 의정부지방법원 2017.08.09 2017나201287
용역비
Text

1.The judgment of the first instance shall be modified as follows:

The defendant is about US$ 34,650 and this.

Reasons

1. Basic facts

A. On August 31, 2015, the Plaintiff entered into a consulting agreement with the Defendant and the Defendant to arrange for construction of active coal production facilities in B and to receive service fees from the Defendant (hereinafter “instant consulting agreement”).

The main contents of the instant consulting agreement are as follows.

Article 2 [Consultation] The defendant shall request the following consulting to the plaintiff, and the plaintiff shall perform the relevant affairs in good faith:

1) Overseas orders and contracts based on contracts made by the Defendant with respect to the Defendant’s construction works; Article 4 / [Consultation Service Fee] of the Overseas Trading Agency for the Defendant’s goods and the vicarious performance of related disputes (Provided, That the Defendant’s advisory lawyer’s handling through the Defendant’s advisory lawyer]

1. The Defendant’s payment of 10% of the total amount of the contract entered into by the Plaintiff to the Plaintiff as consulting service cost, but the payment shall be made in cash (USD) to the Plaintiff within one week after the deposit of the contract, such as down payment, intermediate payment, balance, etc.

2. After the contract formation is completed, the defendant cannot demand the return of the price to the plaintiff even if the contract is terminated due to a mistake in the progress of the contract.

However, where the plaintiff intentionally mediates a defective foreign customer or is unable to proceed with a contract due to a cause attributable to the plaintiff, the plaintiff shall return the full amount of the already paid amount under paragraph (1) to the defendant.

3. In the case of the proviso of paragraph 2, the plaintiff must actively prove that he is not responsible to the defendant.

Article 6 [Dispute Matters]

1. When a dispute arises in the course of performing duties with a foreign customer who was sexually ill, the Plaintiff shall perform the duty of sending content certification, etc. to the customer as a primary settlement of the dispute in question.

2. Notwithstanding the primary work referred to in paragraph 1, if a dispute with the customer continues, the legal adviser in charge of the defendant shall be the legal adviser in charge of the dispute.

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