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(영문) 서울중앙지방법원 2017.09.20 2016가합555394
약정금
Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Foreign Economic Cooperation Fund, operated by the Ministry of Strategy and Finance from the Republic of Korea, which participated in the Plaintiff A’s E business consulting, was conducting the construction of the E Sewage Treatment Project (hereinafter “E”) as part of the F Public Development Assistance Project around 2010.

E The E Business is ordered by G (G; hereinafter referred to as the "G") from the Foreign Economic Cooperation Fund, which is in charge of the F Government and the operation of water resources, and Korean enterprises may participate in the E Business as a consortium and supplier.

Plaintiff

A around 2011, while serving as the representative director of H Co., Ltd. (hereinafter referred to as “H”) for designing environmental pollution preventive facilities (hereinafter referred to as “Defendant C”), came to know that Defendant C’s share was owned by 100% as an internal director of the Defendant Co., Ltd. (hereinafter “Defendant C”).

Plaintiff

A agreed to participate in I’s E business consulting, and paid approximately KRW 90,000,000 as part of the outflow equipment and business subsidy related to E business consulting from October of the same year to September 2012.

B. The same year to continue to participate in E business consulting even after the resignation from H on April 1, 2012 between the Plaintiffs and the Defendants.

9. On 20. 20. Defendant C entered into a “F plant project cooperation contract” (hereinafter “first contract”) with Defendant C, and thereafter, the J, which is the Plaintiff B and the environment engineering and consulting company, was operated around that time.

The main contents of the first contract shall be as follows:

Article 1 1.1 "customers" are domestic construction enterprises and environmental specialized enterprises excavated by "A" (the same shall apply within the first contract) and "B" (the same shall apply within the contract) in order to carry out the F Environmental Project jointly promoted by "A" (the plaintiff A; the same shall apply within the first contract).

Article 2.2.1. “A” shall provide information on the F Project Contract Affairs in Section 1.2.

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