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(영문) 서울중앙지방법원 2014.06.13 2013가합39785
컨설팅수수료 반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. B Co., Ltd. (hereinafter “B”) was selected as a business entity by organizing a bidding conference for the selection of a new construction business entity of Grandmark Building in Mapo-gu Seoul Metropolitan Government, which was implemented by Seoul Metropolitan Government around 2009.

B. B established E Co., Ltd. (hereinafter referred to as “E”) to act as an event in order to newly build the Grandmarking (hereinafter referred to as “D”) in the project district, and the Defendant is a strategic investor who has acquired stocks of E.

C. E entered into a sales contract with Seoul Special Metropolitan City on April 7, 2009 on the Dwork site for the Dwork New Project.

On November 9, 2009, the Plaintiff entered into a business agreement with the Defendant with respect to the construction of Dwork and F Complex (hereinafter collectively referred to as the “instant business”). G, who is an employee of the Defendant at the time, signed the said business agreement on behalf of the Defendant (hereinafter referred to as the “instant business agreement”).

Article 2 [Matters agreed upon by Article 2 (“A” (the term “Defendant”; hereinafter the same shall apply) and “B (the term “Plaintiff”; hereinafter the same shall apply)” and “B” (the term “B; hereinafter the same shall apply)”)] provide the following cooperation for “B”:

1. “A” shall place an order to “B” for construction works related to information and communications in an amount equivalent to KRW 20 billion in the F City Project and KRW 20 billion in the Dicmark Project among the information and communications-related construction works awarded in relation to the instant project.

2. “B” is to conclude a consulting contract with “A” designated by “A” in relation to the terms and conditions of an order for construction works from “A” and with a size of KRW 2 billion.

Article 3 [Compensation for Failure to Comply with the Terms and Conditions of Agreement] “A” shall order the construction work related to the information and communications of the project of this case to be executed with “B” and if the project of this case is not carried out, “A” shall be deemed to be “B”.

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