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(영문) 서울중앙지방법원 2017.11.09 2016가단5303737

공동원가분담금

Text

1. As to KRW 120,292,50, and KRW 96,326,70 among the Plaintiff, the Defendant shall pay to the Plaintiff KRW 120,292,50 from October 1, 2016, KRW 9,621,150.

Reasons

1. Facts of recognition;

A. On October 2013, the Plaintiff and the Defendant constituted a joint supply and demand organization (51% of the Plaintiff’s share, Defendant’s share 49%) with the Plaintiff as the representative company, and concluded the construction work on or around August 2016, by being awarded a contract with Seoul Special Metropolitan City for a “A Corporation” of the total contract amount of KRW 15 billion.

B. The Plaintiff and the Defendant concluded a joint supply and demand operation agreement to operate a joint supply and demand agreement and carry out a A project, with three field employees, who are the representative of the Plaintiff, as the field employees, assigned the site director to perform the project. The main contents of the construction project agreement related to this case are as follows.

In principle, Article 2 (Time of Application) of the General Provisions of Chapter I of the Joint Supply and Demand Operation Agreement shall apply from the commencement date of construction to the completion date of construction and the completion date of defect repair.

Article 3 (Representative of Business) (1) The plaintiff shall represent its members until the performance of duties to the project owner is completed.

(2) The representative shall request the payment of construction costs and manage the property belonging to joint contractors.

(3) A representative may request the remaining members to take necessary measures for the formulation of a work plan, decision on the method of execution, processing affairs and quality and safety management, design modification, and other business affairs (employee placement, expense, etc.) necessary for the completion of an object of construction.

Article 4 (Apportionment of Affairs by Joint Subcontractors) (1) The ratio of shares held by each member in the formation of joint contractors shall be as follows:

Plaintiff: 51% Defendant: Article 14 (Business Scope) of the Steering Committee under Chapter 2 of Chapter 49% (Business Scope) (1) The Steering Committee shall deliberate on and resolve the following matters and related important matters:

4. Article 19 (Purchase of Materials) (1) of Chapter IV with approval for execution of the budget for implementation and excess of the budget (purchase of materials) (1) Major materials for purchase shall be purchased according to the representative's purchase method, and other miscellaneous materials shall be purchased on the site with approval from the head of the site office;

Provided, That the excess of the implementation budget shall be approved by the Steering Committee.

(2)