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(영문) 춘천지방법원영월지원 2014.06.26 2013가합760

물품대금

Text

1. The Defendant’s KRW 161,078,506 for the Plaintiff and KRW 5% per annum from November 25, 201 to June 26, 2014.

Reasons

1. Basic facts

A. On August 2009, the Defendant concluded a contract with B Co., Ltd. (hereinafter “B”), EP EP Construction Co., Ltd. (hereinafter “AP Construction”), under which the joint contractors were organized (share ratio: 56% EP Construction, B 30%, Defendant 14%) and the Hanwon Islands Co., Ltd. (hereinafter “Gwon Islands”) ordered “C New Construction Works” (hereinafter “C New Construction Works”) to be executed by setting the contract price for each joint performance method from October 26, 2009 to July 25, 201 (hereinafter “instant construction contract”).

B. Since then, EP Construction renounced the construction on March 19, 2010 due to business deterioration, the Defendant entered into a contract to modify the same construction work in addition to the exclusion of EPS construction from the instant construction contract on May 11, 2010, and entered into a joint supply and demand standard agreement (hereinafter “instant joint supply and demand agreement”) with B on the instant construction work, and the main contents thereof are as follows.

II.The name of a joint contractors, the location of the place of business, and the representatives shall be as follows:

1. Title: Article 3 (Members of Joint Supply and Demand Organization) (1) Members of Joint Supply and Demand Organization shall be as follows:

1. The defendant (representative D) (2) The representative of a joint contractors shall be B;

(3) The representative shall represent the project owner and a third party, and shall have the authority to manage the property of the joint contractors, request for the payment thereof, etc.

Article 7 (subcontract) Where some members of a joint contractor intend to independently conclude a subcontract, they shall obtain the consent of the other members.

Article 9 (Ratio of Investment by Members) (1) The ratio of investment by a joint supply and demand company shall be determined as follows:

1. B: 68.18%;

2. Defendant: 31.82% (Distribution of Profit and Loss) After fulfilling the contract; or