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(영문) 서울중앙지방법원 2015.11.20 2015가합518671
기성금
Text

1. The Defendant’s KRW 266,397,300 as well as 5% per annum from December 21, 2014 to November 20, 2015 to the Plaintiff.

Reasons

1. Basic facts

가. 당사자의 지위 원고는 고도의 과학기술을 응용한 토목분야에 대한 전반적인 타당성 조사, 계획 및 설계, 감리 등에 따른 기술용역 등의 사업을 영위하는 회사이고, 피고는 토목건축공사업 등을 영위하는 회사이다.

B. The Plaintiff and the Defendant entered into an agreement between the Plaintiff and the Defendant on October 4, 2011 (hereinafter “instant development project”).

As to the Plaintiff and the Defendant as joint members, Nonparty C, who was the joint representative director of the Defendant, is the joint and several representatives. In relation to the above business, the Defendant participates in construction and bidding, the Plaintiff participates in design services, and the Plaintiff’s share in design services among the business budget is determined to US$ 390,000 (hereinafter “instant agreement”).

AB concluded the agreement.

The contents of the instant agreement are as follows.

The Agreement of this case

1. This Convention is jointly and severally attached to the following projects by the Defendant and the Plaintiff for convenience:

(c) enter into an agreement to make every effort for the purposes of this paragraph.

2. This project is “B Pro rata” which is financed by the CEF funds of the Export-Import Bank and ordered at the Vietnam Tank, and the Defendant participates in construction and tendering and design services and the Plaintiff participates therein.

3. The members of a joint and several liability shall be:

1) Defendant 2) The representative of the Plaintiff joint venture is C.

The representative shall represent the joint and several between the project owner and a third party, and shall have the authority to manage the joint and several property and to claim the price thereof.

4. The share of the Plaintiff’s design service in the business budget shall be USD 390,000.

5.In order to ensure the successful performance of the project, members of the joint and several liability undertake to utilize all necessary knowledge and skills on the basis of good faith, good faith and trust.

2. The Plaintiff and the Defendant: (a) on October 12, 201, the content of the instant agreement.

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