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(영문) 수원지방법원안양지원 2017.12.07 2016가단111537
기타(금전)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On April 2014, the Defendant submitted a proposal to C organization to receive communications and appurtenant works (hereinafter “instant construction”) among the new construction works of the IT center, but was rejected on the ground that the Defendant had poor financial structure or performance of the Defendant Company. Around April 2014, the Defendant agreed to receive the instant construction works together with the Plaintiff Company, which is the subcontractor of D (E), the contractor of the instant construction works.

B. On May 8, 2014, the Plaintiff and the Defendant concluded the following agreements with respect to telecommunications and appurtenant works (hereinafter “instant construction works”) among the new construction works of the IT center (hereinafter “instant agreement”).

The agreement shall be entered into between Co., Ltd. B (hereinafter referred to as “A”) and the Dispute Resolution Co., Ltd. (hereinafter referred to as “B”) with the following contents:

Article 2 (Purpose of Contract) (1) "A" and "B" jointly cooperate, and carry out the project at a rate of 50%:50% of the total scale of the project.

Article 3 (Duties Division and Roles) 1) “A” and “B” jointly perform the overall matters of their business and construction parts. 2) “A” are primarily engaged in the business of a group of C, and “B” are primarily engaged in D business.

3) Expenses to be incurred in carrying out the project are individually borne (hereinafter omitted).

B. On May 22, 2014, Nonparty F entered into a contract with the Plaintiff and the Defendant to engage in business activities for obtaining orders for the instant construction project.

Contract

1. The ordering place: D Co., Ltd. and G;

2. Name of the Corporation: Annexed facilities, electricity, telecommunications, and fire fighting works for construction projects of the Korea Development Bank for the Korea Development Bank;

3. Contractor: (A) F (B) representative director H (A) B representative director of the Corporation in charge of the settlement of accounts;

4. Payment of contingent remuneration: (a) and (b) shall pay to (A) 2% (D), and 3% (G) of the amount of the contract for a construction project as the contingent remuneration;

5. Method of paying contingent remuneration: 50% shall be paid within seven days after the completion of the contract, and the remainder shall be 50% at the time of the receipt of the first term.

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