공사대금
1. The Defendant’s KRW 3,676,334,727 and the Plaintiff’s KRW 6% per annum from November 9, 2013 to June 25, 2014.
1. The facts following the premise facts do not conflict between the parties, or can be acknowledged in full view of the whole arguments in each of the statements in Gap evidence 1-1-4, evidence 1-7, evidence 1-5, evidence 2-1 through 5, evidence 3-1-5, evidence 5-1 through 4, evidence 7, evidence 1-2, 4, Eul, evidence 4-5, 10, evidence 11-1, evidence 12-1, and evidence 12-2.
On July 30, 2004, the Plaintiff and joint contractors (hereinafter referred to as the “joint contractors of this case”) entered into a contract for construction work with the Defendant stating that “The Defendant entered into a contract for construction work with the instant joint contractors of this case with the amount of KRW 25,842,20,00 (including value-added tax; hereinafter the same shall apply) of the contract amount of the construction work for the instant joint contractors of this case (hereinafter referred to as “instant construction work”) and the date of commencement of the construction work, August 4, 2004; the date of completion shall be June 4, 2007; the date of completion shall be 1/1,000 of the compensation rate for delay; and shall be 1/1,000 of the compensation rate for delay” (hereinafter referred to as “instant contract for construction work”).
The main contents of the joint supply and demand agreement entered into between the Plaintiff and the Intervenor at the time are as follows.
Article 3 (Members of Joint Supply and Demand Organization) (1) Members of Joint Supply and Demand Organization shall be as follows:
1. The plaintiff;
2. The representative of the joint contractor for joining the defendant shall be the plaintiff.
Article 6 (Liability) (1) Members of a joint supply and demand organization shall be jointly and severally liable for the performance of obligations under a contract to the ordering agency.
Article 8 (Transaction Accounts), Considerations, etc. shall be paid in the following accounts by the representative of a joint supply and demand organization or by each member.
1. Account number of a plaintiff (representative of a joint contractor): The plaintiff of an omitted deposit owner;
2. Account number of the Intervenor joining the Defendant: Article 9 (Ratio of Investment by Members) (1) of the Intervenor joining the Defendant joining the Defendant joining the Party shall be determined as follows:
1. Plaintiff: 90%;
2. Intervenors joining the Defendant: 10% (Restriction on Assignment of Rights and Obligations).