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(영문) 서울중앙지방법원 2017.11.08 2015가합581266

분담금 등 청구의 소

Text

1. The Defendant’s KRW 3,670,211,458 among the Plaintiff and KRW 1,241,478,656 among the Plaintiff, shall be from August 30, 2014, and KRW 2,428,732.

Reasons

1. Basic facts

A. 1) The entry of a contract for work in the name of the Plaintiff, the Defendant, and C (hereinafter “stock company”) is entirely omitted.

[Attachment-si D] Ground E (hereinafter “instant treatment facilities”) around August 2008.

2) Construction work (hereinafter “instant construction work”)

(2) The joint supply and demand organization (hereinafter referred to as the “joint supply and demand organization of this case”) whose representative is the Plaintiff to execute the project by contract.

a) constitutes a joint supply and demand agreement consisting of 5%, 20%, and 25%, respectively, of the investment rates of plaintiffs, defendants, and C (hereinafter referred to as the “instant joint supply and demand agreement”).

(2) On December 26, 2008, the instant contracting body concluded a construction contract with the Public Procurement Service affiliated with the Republic of Korea for the construction work of this case with the construction cost of KRW 14,30,000,000, and the construction period from December 26, 2008 to May 20, 2010 (hereinafter “instant contract”).

After that, the amendment contract of the instant contract was concluded, and the construction cost was finally changed to 14,159,200,000 won, and the construction period was changed from December 26, 2008 to May 31, 2010.

3. At the time of the conclusion of the instant contract, the joint supply and demand supplier of this case shall be a 90 tons (55 tons or more of domestic wastes, 20 tons or more of large-scale waste, 15 tons or more of recycled residues) treatment facilities which can be treated at least 55 tons per day on the basis of 16 hours per day on the performance of the instant disposal facilities", and shall be a solid fuel RDF manufacturing facilities and other auxiliary facilities which can be produced at least 5 tons per day, and a performance shall be guaranteed for three years from the date of acquisition after completion, and if the above performance standards are not satisfied, the project owner may have the counter-party perform the construction after the supplementary design within a specified period not exceeding the performance guarantee period, and the counter-party to the contract shall bear all costs of waste treatment and all costs during the period of the supplementary design execution.

(xc)"assign."