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(영문) 서울고등법원 2016.02.03 2015나2007495

공사대금

Text

1. The plaintiff (Counterclaim defendant) succeeding intervenor's claim and the defendant (Counterclaim plaintiff)'s conjunctive claim raised at the trial.

Reasons

1. Basic facts

A. On August 2009, the Defendant was awarded a contract by the Korea Land and Housing Corporation for the relocation of the military unit in the Gimyang Han River City (hereinafter “this case’s original construction”) by organizing a joint supply and demand organization with the Han River Construction Co., Ltd. (hereinafter “Korea Land and Housing Corporation”).

The ratio of shares of joint contractors was 80% of the Hando Construction, and 20% of the defendant, and the master secretary was the Hando Construction.

Around that time, Article 3 (1) of the Joint Supply and Demand Management Convention entered into between the defendant and Hando Construction provides that "the principal secretary shall represent the members of the project owner and the third party," and Article 3 (3) of the same Act provides that "the principal secretary shall represent the joint supply and demand organization with respect to Article 3 (3) of the Standard Agreement on Joint Supply and Demand, shall have the authority to represent the joint supply and demand organization, to manage the property on behalf of the joint supply and demand organization, such as claims for payment, receipt of payment, etc., and each member shall delegate all acts related

B. On December 1, 2009, the Defendant delegated his right to jointly perform the instant original construction to the so-called “self-performance construction.”

Article 2 of the Delegation Construction Convention, which was concluded at the time, is a major company in charge of construction entrusted with the defendant's shares, and has the responsibility and authority for overall planning, management, adjustment, settlement, completion of construction, etc. for the performance of construction works for the defendant's share and the efficiency of rental affairs, and the defendant actively cooperates as a joint beneficiary in performing one-way construction as a general supervisor. Article 4 (2) of the Delegation Construction Convention provides that one-way construction shall be fully responsible for the selection of a subcontractor company and the notification

C. From September 21, 2009, the Plaintiff, among the instant prime construction works, subcontracted the construction cost of KRW 1,207,800,000 (including value-added tax and the following construction cost), and the construction period of April 26, 2010.