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(영문) 서울중앙지방법원 2014.10.31 2012가합80533
약정금
Text

1. All claims filed by the Plaintiff (Counterclaim Defendant) and the counterclaim claims filed by the Defendant (Counterclaim Plaintiff) are dismissed.

2...

Reasons

1. The principal lawsuit and counterclaim shall also be deemed to be a principal lawsuit and counterclaim.

A. On April 209, the Plaintiff entered into a joint agreement with the Defendant and C (hereinafter “C”) to jointly carry out the construction supervision service business (hereinafter “instant business”) at the place of business (hereinafter “instant agreement”) (hereinafter “instant agreement”).

The main contents are as follows:

Article 3 (Scope of Services)

1. The defendant's business scope (1) The defendant's office shall be maintained in Seoul, and the office shall be immediately relocated if necessary.

(2) The defendant is responsible for all architectural design.

(3) The Defendant shall autonomously perform affairs other than the instant business.

2. The plaintiff's business scope (1) The plaintiff has an office in the business of this case at a port.

(2) The Plaintiff is responsible only for the instant business.

(3) The Plaintiff shall make a separate agreement with the Defendant regarding the receipt of contracts regarding matters other than the instant business.

(4) The Plaintiff is responsible for the progress of the instant business.

Article 4 (Equity Ratio) In principle, the share of the project in this case shall be 70 and 30.

Article 5 (Conditions for Joint Projects)

1. The defendant's condition (1) The plaintiff is responsible for receiving supervision services ordered by C.

(5) The Plaintiff shall consult and notify the Defendant of the consultation related to the instant business.

(6) The plaintiff and the defendant shall execute the law authentication when the capital flows into Korea.

2. The plaintiff's condition (1) The defendant provides a legal entity whose corporate credit rating is above B.

(2) The Defendant shall provide all matters such as business registration and certified architect’s business report.

(3) The defendant shall register the plaintiff as a joint representative in the corporation and business registration.

Article 8 (Cancellation and Termination of Contracts)

1. The plaintiff and the defendant may cancel or terminate the agreement immediately in case they violate the above conditions.

B. Accordingly, the contract amount of KRW 1,518,00,000 and the contract period of KRW 1,518,00,000 between the Defendant and C around July 29, 2009 shall be from August 1, 2009 to August 1, 201.

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