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1. The Plaintiff, Defendant Shin Young-gu Co., Ltd., and Defendant Shin Young-gu Co., Ltd., the amount of KRW 160,600,000.
Reasons
1. Basic facts
A. On May 28, 2010, the Plaintiff won the Plaintiff’s election before the public offering, at the public offering held by the Organizing Committee for the EXPO 2012 EXPO 2012 (hereinafter “Organizing Committee”), and thereafter, the Plaintiff constituted a consortium with the Defendants as a partner and finally won the Defendants’ election at the B public offering prior to September 2, 2010.
B. The Plaintiff and the Defendants entered into an agreement between the Plaintiff and the Defendants on the construction and service agreement with respect to the business of designing, manufacturing, installing, and operating the EXPO 2012 EXPO C (hereinafter “instant business”). On December 13, 2010, prior to the conclusion of the said agreement, the Plaintiff and the Defendants entered into an agreement with the Organizing Committee on the instant business share, equity, etc. (hereinafter “instant agreement”). The main contents of the instant agreement are as follows.
Article 3 (Shares and Responsibilities) The shares and responsibilities of the consortiums are as follows, and the shares and responsibilities prescribed in this Convention shall prevail over the co-performance agreement entered into on the surface with the Organizational Committee:
The total construction cost of KRW 56.64% of the total construction cost of Defendant Shin Young-si Co., Ltd. in the field of participation (including VAT) 56.64% of the total construction cost of KRW 6,107,200,000 of the construction cost of Defendant Shin Young-si Co., Ltd. in the field of participation (hereinafter “Defendant Shin Young-si”), the total construction cost of KRW 37.76% of the total construction cost of KRW 37.76%,265,60,000, and the total construction cost of KRW 409,70,000,000 of the construction cost of KRW 5.5% of the total construction cost of the Defendant Shin Young-si Co., Ltd. in the field of participation (hereinafter “Defendant Shin Young-si”), and the total construction cost of KRW 567,500,000,000 of the total construction cost of the construction cost of KRW 5.5% of the total construction cost of the Plaintiff (the total construction cost of KRW 1.5.5.5 billion).
C. The Plaintiff and the Plaintiff entered into the instant contract.