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(영문) 서울중앙지방법원 2019.06.20 2017가합567882

공동원가분담금

Text

1. The plaintiff's primary claim against the defendant C and D, and preliminary claim against the defendant E.

Reasons

1. Basic facts

A. The Plaintiff (the Plaintiff A Co., Ltd. prior to the taking-off of the lawsuit) (the Plaintiff Co., Ltd. divided on May 2, 2018 the construction industry part, etc. and newly established B Co., Ltd., Ltd., taking over the lawsuit in this case; hereinafter “Plaintiff”) regardless of before and after taking over the lawsuit in this case.

(3) The Defendants, G Co., Ltd. (hereinafter “Co., Ltd.”) omitted all the entry, and enter the same as the current trade name based on regardless of whether the trade name was changed or not.

11 companies, such as H, I, J, K, L, M, etc., among the F Expressway on February 29, 200, undertake construction projects of the 12.4km section (P Tools, Q tools, R tools, etc.) from Geumcheon-gu Seoul Metropolitan Government Ndong to the Odong, Seocho-gu, Seoul (hereinafter referred to as the “instant project”).

A) The Seoul Special Metropolitan City proposed a private project proposal, and the Seoul Special Metropolitan City also positively reviewed the proposal. 2) Around October 2000, the said 11 construction companies constituted the SPP Co., Ltd. (hereinafter “instant project team”) and concluded a joint implementation agreement for FF Urban Expressway Facilities, including the establishment of an operating committee with authority to determine construction-related matters and implementation budget as the highest decision-making body of the instant project team.

After the conclusion of the above Convention, K and L withdraw from the project team of this case, and the remaining nine construction companies acquired the shares of K and L, and jointly promote the project of this case.

3) On June 27, 2002, the instant project team entered into a concession agreement with Seoul Special Metropolitan City on the instant project, established on July 12, 2002 by a public-private partnership corporation (SS corporation), and was designated as a project implementer with respect to the instant project in the name of the public-private partnership corporation. On the other hand, the instant project team, which was held on July 4, 2002, shall carry out the instant project as a joint contract installment execution method at the 14th Operating Committee of the instant project team, which was held on July 4, 2002, while performing the instant