2. The costs of lawsuit shall be borne by the Plaintiff.

가. 이 사건 공사도급계약 원고와 피고는 주식회사 엡스엔지니어링, 용두건설 주식회사와 공동수급체(이하 ‘이 사건 공동수급체’라 한다)를 구성하고, 2015. 2. 16. 한국토지주택공사로부터 「화성동탄(2) 제2고등학교 신축(건축)공사(이하 ‘이 사건 공사’라 한다

(A) concluded a contract for construction works with the content of jointly receiving a total construction cost of KRW 9,623,192,00,000.

(hereinafter “instant construction contract”). B.

On February 24, 2015, the instant joint supply and demand agreement entered into a joint supply and demand agreement (Evidence A 2; hereinafter “instant joint supply and demand agreement”) with the following main contents in order to consult on the matters necessary to perform the instant construction project:

Article 6 (Liability) Members of a joint contractor shall be responsible for the performance of obligations under the contract to the agency awarding the contract in accordance with the details of sharing.

Article 9 (Contents of Apportionment of Members) (1) Each partner's share and equity ratio shall be as follows:

Plaintiff: Building, civil engineering, machinery and equipment construction (70%, total 65.462%)

(b) Defendant: Building, civil engineering, machinery and equipment works (30%, total of 28.015%);

다. 주식회사 엡스엔지니어링: 기계소방공사(2.857%)

(d) Yongdu Construction Co., Ltd.: Each partner shall share the amount of common expenses, etc. incurred for the implementation of this Agreement, Article X (Sharing of Common Expenses) of the Landscape Project (3.626%) according to the ratio of the sharing amount.

Article 11 (Liability between Members) (1) Damage which a partner has inflicted on a third party in connection with the performance of sharing shall be borne by the partner concerned.

C. On the other hand, around February 26, 2015, the Plaintiff entered into a separate joint contract agreement with the Defendant (Evidence 1; hereinafter “instant separate agreement”) as follows.

Article 3 (Method of Performing Construction Works)

1. The plaintiff is delegated with all authority over the defendant's share in the contract.