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(영문) 부산고등법원 2018.10.04 2017나55506
대여금
Text

1. The part against the defendant in the judgment of the court of first instance, which exceeds the following amount ordered to be paid.

Reasons

1. Basic facts

A. The Plaintiff is a company that operates the installation of power generation facilities, heavy equipment, and operation, repair, and management of general industrial machinery.

The defendant is a company that manufactures and sells steel products.

B. On October 30, 2014, the Plaintiff entered into a LeterOF Inc. (hereinafter “instant LOI”) with respect to steel framed Corporation (Steel Emerure Emerk, hereinafter “instant steel framed”) among Samsung C projects (hereinafter “instant power plant projects”).

C. On October 15, 2014, the Plaintiff entered into an agreement and entered into an agreement with the Defendant and the power plant projects on October 15, 2014, as follows: (a) the Plaintiff and the Defendant agree on and confirm the power plant projects ordered by Samsung C&T (Tank, Pipe, steel frame, Equiin) as follows:

1. The Plaintiff mutually agrees that the Defendant is fully responsible for and perform Tank and steel framed works.

2. The Plaintiff mutually agrees that the Bank and the Iron Corporation will entirely perform the construction works ordered during the next period.

7 No. 7, hereinafter referred to as "the instant agreement"

1. The work was drawn up. 1. The defendant, among power plant projects ordered by the plaintiff in Samsung C&T, performs the following works and deducts 3.75% from the total construction cost for the management expenses incurred in connection with the performance of the work. - The steel framed Corporation: 9,089,00 US - the Hand tank - the Field Tek Work: 22,167,00 USD (the final determination of the construction amount after the order for the delivery of sex acid).

2. For the work referred to in paragraph 1, the amounts additional to those mentioned above shall be settled at the rate of 50:50 by the plaintiff and the defendant.

2) On November 22, 2014, after the conclusion of LOI with Samsung C&T, the Plaintiff entered into an agreement with the Defendant on November 22, 2014 with respect to the instant power plant project (B) as follows.

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