(영문) 서울중앙지방법원 2014.12.12 2012가합40788

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(영문) 서울중앙지방법원 2014.12.12 2012가합40788

공사대금

Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. The plaintiff is a company of the Republic of Korea whose head office is in the Republic of Korea, and the defendant is a Republic of Korea-based company whose head office is in the Warsaw.

B. The Plaintiff and the Defendant conclude a consortium contract and a contract for construction)

) A construction project for waste treatment facilities in a sewage treatment plant ordered by the entity (hereinafter referred to as “instant construction project”).

In order to receive contracts, around July 13, 2007, the following terms and conditions are agreed upon:

B. According to the above consortium agreement, the Defendant is the consortium of this case, and the Plaintiff is a member of the consortium of this case.

§ 1. Purpose and object of the consortium's activities

1. The Parties to this Agreement shall form a consortium “Mastop (Defendant)-Guide (Plaintiff)” under this Agreement.

§5. Rights and Obligations 10. In the event that the consortium accepts the contract with the ordering authority, the detailed scope of the project and the services to be performed by the parties must be specified in the detailed contract, and the detailed contract shall be concluded with the ordering authority on the basis of the contract with the ordering authority.

This contract shall be concluded in writing and shall be null and void if not.

11. Detailed contracts include the classification of the scope of business and services, the scope of each objective, the scope of rights and obligations of the Parties, the joint penalty regulations between the Parties, the settlement rules between the Parties, etc.

§ 10. Final resolution

6. If a dispute arising between the parties to the instant consortium agreement and the dispute arising in connection with the instant contract is not settled smoothly, it shall undergo arbitration procedures conducted by the National Chamber of Commerce and Industry located in the Warsaw, before filing a lawsuit with the arbitration court.

§ 10.6. Cases of the International Litigation Committee, which is hereby amended by the Act.

유사 판례

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