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(영문) 대전지방법원 2017.07.19 2015가단44998 (1)
약정금
Text

1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) is to pay KRW 6,1850,000 to the Plaintiff (Counterclaim Defendant) and to the day of full payment from March 9, 2017.

Reasons

1. Basic facts

A. The Plaintiff is the actual operator of “C and D”, and the Defendant is the operator of “E”.

B. The Plaintiff and the Defendant have prepared the following agreements:

In performing the urban gas construction work in F, G, H (former Offices), I, J, K, L, M, N, P, Q, Q, R, T, T, U,V, and W, both companies shall, in cooperation, complete the construction work in E and distribute the profit amount to 2/1 or 3/1 and settle the accounts within seven days after collection (hereinafter “Agreement A5”).

After that, the plaintiff, the defendant, and the representative X have drawn up a written agreement with the following contents:

It is agreed that the construction works following the supply of urban gas in the Zdong Office and W shall be divided equally into the same profits with the exception of all expenses from E, X, and C three enterprises. The amount of construction works shall be transparent, as well as civil and criminal responsibilities if there is an enterprise which arbitrarily belongs, and shall be withdrawn from Zdong, W Urban Gas Corporation and shall not raise any objection thereto (hereinafter referred to as “A Agreement”).

After that, the plaintiff and the defendant have prepared the following agreements:

In performing the urban gas construction work in the F, G, H (Dong Office), I, K, K, L, M, M,O, P, Q, Q, R, T, U,V, and W, both companies cooperate to complete the construction work in E and distribute the profit amount to 2/1 and settle the accounts within seven days after the date of the collection (hereinafter referred to as “A1 agreement”),” (the same shall apply to the provisions of the A5 agreement, except for those that erases and seals “or 3/1” in the A5 agreement) / [based on recognition] Party A’s 1, 5, Eul’s 1, and the purport of the entire pleadings, as well as the purport of the whole pleadings.

2. The Plaintiff, in relation to the validity of the A1 agreement and the B1 agreement, shall prepare the A5 agreement and prepare one written agreement after two to three days, and thereafter, the Plaintiff may not perform the urban gas construction works in the front of the Zdong Office and W in 2013.

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