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(영문) 수원지방법원 2019.04.11 2018나50437
기타(금전)
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

Facts of recognition

A. On April 2014, the Defendant submitted a proposal to the C organization to receive communications and appurtenant works (hereinafter “instant construction”) among new construction works of the IT center, but was rejected on the grounds of the Defendant’s financial structure, performance, etc.

B. Accordingly, on May 8, 2014, the Defendant entered into an agreement (hereinafter “instant agreement”) with A Co., Ltd. (hereinafter “E”), a collaborative company of E Co., Ltd. (hereinafter “E”), which is the contractor of the instant construction project, to take over the instant lawsuit on October 22, 2018, and the Plaintiff, the custodian, took over the instant lawsuit, and jointly cooperate with the Plaintiff (hereinafter “Plaintiff”) to take over the project and carry out the project for a total project of 50% (hereinafter “the instant agreement”).

Meanwhile, in relation to the specific business division and roles of the Plaintiff and the Defendant jointly perform the overall matters of the business division and the part of the construction division in the above Convention, the Defendant has a leading role in the business of the C organization, the Plaintiff has a leading role in the business of the E side, and the expenses necessary for the performance of the business shall be borne by each party, and the above Convention stipulates that the said agreement shall take effect after the receipt

C. Ultimately, the Plaintiff did not receive the instant construction, and the J Co., Ltd. (hereinafter “J”) ordered the instant construction.

On September 1, 2015, the Defendant received a subcontract from J for the part of the CCTV supply and installation of CCTV during the instant construction work in KRW 1,529,00,000, and performed the relevant construction work by resubcontracting the subcontracted part to K Co., Ltd.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 10 evidence, Eul evidence 1 through 5 (including numbers; hereinafter the same shall apply), witness L of the first instance court, witness of the first instance court, part of witness F of the first instance court, fact-finding reply to N Co., Ltd. of the first instance court, and the purport of whole pleadings

2. The plaintiff's assertion as to the cause of the claim and the defendant's joint efforts are the result of the construction of this case.

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