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(영문) 창원지방법원 2016.08.23 2015나33544
용역비
Text

1. Revocation of the judgment of the first instance, and the plaintiff's claim is dismissed.

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

Reasons

1. The following facts may be acknowledged in accordance with the respective entries and arguments of Gap 1-6 and Eul 3 (including branch numbers; hereinafter the same shall apply) without dispute between the parties, or in accordance with the purport of the whole arguments:

The plaintiff is a corporation with the purpose of providing maritime plant technology services, etc., and the defendant is a corporation with the purpose of industrial facility construction business, plant construction and sales business, etc.

Agreement on Basic Services

2.1 The Plaintiff, as the Defendant’s consultant, shall perform the following services for the receipt and performance of the project:

a. Collection and provision of information on projects, such as trends such as the organization of the ordering entity, the credit on the ordering entity, bid-related information, and ascertaining competition trends;

b. Cooperation and advice in estimates, negotiations, and implementation stages;

c. Contact work with the ordering office;

d. Identifying and supporting local agencies, subcontractors and manufacturers, if necessary;

e. Notification of the progress of all business when requested by the defendant

f. Project entertainment and engineering services (limited to the project under consultations).

g. Other work as agreed with the defendant.

3. When the defendant successs in the project receiving agreement fees and 3.1, the defendant shall pay US$ 600,000 to the plaintiff at the consulting cost with respect to the plaintiff's provision of services for receiving contracts from the project.

(b) 3.4

b. (b)The payment of this charge shall be as follows:

The first $200,000 on July 2, 201 and USD 200,000 on January 3, 2011, shall be July 201.

D Around 209, around 2009, the Plaintiff agreed to place an order for the construction of B’s name (hereinafter “instant construction”). On April 22, 2009, the Plaintiff entered into a contract with the Defendant to provide services for the Defendant to order the instant construction (hereinafter “instant contract”). The main contents are as follows.

C. The Plaintiff obtained on-site specifications, design drawings, and E-management documents from D and delivered them to the Defendant.

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