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(영문) 서울중앙지방법원 2017.11.29 2014가합28386

공동분담금

Text

1. As to KRW 2,163,634,986 and KRW 358,256,279 among the Plaintiff, the Defendant shall pay to the Plaintiff KRW 1,427,018,156.

Reasons

1. Basic facts

A. The Plaintiff and the Defendant, KS Construction Co., Ltd., Ltd., Korea Forest Construction Co., Ltd., Korea Forest Construction Co., Ltd., Korea Development Co., Ltd., nuclear construction companies, Korea Mineral Construction Co., Ltd., and the Uniform Construction Co., Ltd. constituted a joint supply and demand organization (hereinafter “instant joint supply and demand organization”) with the Plaintiff’s representative in order to receive construction works for the 2014 Incheon Asian Games (hereinafter “instant construction”) from Incheon Metropolitan City. A joint supply and demand agreement form (hereinafter “instant joint supply and demand agreement”) in the Guidelines for the Joint Payment of the Rules on Contracts in the Ministry of Strategy and Finance (hereinafter “instant standard agreement”), and submitted the application form for participation in Incheon Metropolitan City around April 201.

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

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

Article 10 (Distribution of Profit and Loss) Where any profit or loss occurs after fulfilling a contract, the profit or loss shall be apportioned or shared at the rate prescribed in Article 9.

The main contents relating to this case in the Standard Convention are as follows.

B. On June 7, 2011, the Plaintiff, the representative of the instant joint supply and demand agreement, entered into a contract with the Incheon Metropolitan City on September 16, 201, setting the total construction cost of the instant construction project as KRW 151,863,32,00, and the date of completion as of September 16, 2014. The members of the instant joint supply and demand agreement entered into a joint supply and demand agreement (a evidence No. 3; hereinafter “instant joint agreement”) with a view to setting forth detailed matters, such as the operation of the joint supply and demand agreement, the sharing of construction cost, etc., but the Defendant did not affix

In the case of Plaintiff SK, Defendant ES original unification.