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(영문) 대전지방법원천안지원 2017.12.19 2016가단17213

조경수목납품 및 식재공사대금

Text

1. The Defendant’s KRW 156,30,000 as well as 6% per annum from November 12, 2016 to May 30, 2017 to the Plaintiff.

Reasons

1. Basic facts

A. On March 2015, the Defendant, EAS Construction Co., Ltd. (hereinafter “EAS”) and Space Comprehensive Construction Co., Ltd. (hereinafter “spaced Construction”) concluded a joint supply and demand agreement with the competent District Office of Education (hereinafter “instant joint supply and demand agreement”) under the following terms and conditions as the joint supply and demand agreement (hereinafter “instant joint supply and demand agreement”) in order to participate in tendering for the construction works of Minecheon Middle School ordered by the Office of Education (hereinafter “instant construction works”), and concluded a construction contract with the Daejeon District Government Procurement Office for a fixed period of KRW 10,685,163,450, and from April 15, 2015 to July 7, 2016. < Amended by Act No. 10685, Apr. 8, 2015>

2. (1) The representative of joint contractors: The contents of the joint contract of E.S. construction.

(a) Joint implementation: 50% of the construction work business; 20.0% of the construction work business; and 30% of the construction work business;

3. Where the representative of a contracting contracting joint contractor has transmitted the contract document of this case to the Public Procurement Service and the Public Procurement Service has received it normally, all the members of the contracting joint contractors shall be deemed to have delegated all the matters related to the conclusion of the contract, such as the preparation

B. On July 23, 2016, the Plaintiff entered into a subcontract to accept the first construction cost for landscaping planting plants among the instant construction works within seven days after the date of completion of payment, and the subcontract to accept the second construction cost for landscaping planting plants among the instant construction works on July 28, 2016 (hereinafter collectively referred to as the “instant subcontract” in total, and the first and second construction works for landscaping planting plants, and the second and second construction works are collectively called the “instant landscaping works,” and the said subcontract was collectively entered into with the Daejeon Regional Procurement Office. < Amended by Presidential Decree No. 27420, Jul. 28, 2016>