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(영문) 서울고등법원 2020.03.19 2019나2025163
용역대금(약정금) 지급 청구의 소
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

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

Reasons

1. The reasons why this court shall state this part of the basic facts are the same as the part of “1. Basic Facts” among the reasons of the judgment of the first instance, and thus, it shall be admitted as it is including the abbreviation thereof pursuant to the main sentence of Article 420 of the Civil

2. For the following reasons, the Defendant is obligated to pay to the Plaintiffs KRW 520,00,000 as an agreed amount based on the business expenses under Article 3(2) of the instant Convention or a separate payment agreement. A.

The Plaintiffs, by conducting business activities against the Korea Land and Housing Corporation, had the instant new technology selected as a public law of the instant construction. Accordingly, the Defendant could directly participate in the execution of the new technology.

However, by entering into a contract for the transfer of the instant new technology to A self H Co., Ltd. (hereinafter “H”), the instant construction was performed as a subcontractor of I Co., Ltd. (hereinafter “I”), a contractor, and as a result, the terms and conditions of Article 3(1) of the instant Convention were not fulfilled.

Since the above acts by the defendant constitute a case where the fulfillment of conditions under Article 3(1) of the above Convention is hindered against the good faith and trust, the plaintiffs are entitled to assert that the conditions have been fulfilled if the parties who are at a disadvantage due to the fulfillment of conditions obstruct the fulfillment of conditions against the good faith and trust.

subsection (1) of this section may be alleged to have been fulfilled.

B. The Defendant had difficulty in carrying out the Defendant’s execution performance, financial capacity, etc. as a subcontractor in the form of a third party H, but in substance, the Defendant was awarded a subcontract for the instant construction project.

H Although it was able to directly supply the materials, such as lectures, etc. necessary for the instant construction, from the J (hereinafter “J”), the Defendant, even though he/she was able to do so, has to do so from the J.

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