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(영문) 대전지방법원 2016.01.28 2015가단209399

레미콘 대금 청구의 소

Text

1. The Defendant paid KRW 76,411,90 to the Plaintiff KRW 6% per annum from January 7, 2012 to January 28, 2016.

Reasons

1. Basic facts

A. On July 11, 2011, the Defendant entered into a joint supply and demand standard agreement between the Defendant and B Co., Ltd. (hereinafter “Nonindicted Company”) with the Nonparty Company, the Korea Advanced Institute of Science and Technology (hereinafter “KAS”) through the KAST, and hereinafter “Kastst”.

(ii)the Joint Supply and Demand Standard Agreement (hereinafter referred to as the “Joint Supply and Demand Agreement”) for the joint execution of C new construction works ordered by this order.

(1) The contract shall be entered into with the following main contents: Section 1 (Purpose) of this Agreement shall provide for the agreement to jointly carry out the contract in accordance with certain investment rates for planning, tendering, construction works, or services by a member of the joint supply and demand organization, by mobilization of financial, management, and technical capabilities, personnel, and equipment and materials: 1. Contract title: Newly constructed Corporation (hereinafter referred to as “Construction”) shall be referred to as “the instant construction project.”

A person shall be appointed.

2. Contract amount: 12.4 billion won,

3. The name of the project owner: The name of the joint contractor, the location of the place of business, and the representative shall be as follows:

1. Name: Nonparty Company;

2. Location of principal office: Yeonsu-gu Incheon Metropolitan City D,

3. Name of representative: Article 3 (Members of Joint Contractors) (1) Members of Joint Contractors shall be as follows:

1. The non-party company (representative: E);

(2) The representative of a joint contractor shall be a non-party company.

(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 4 (Period of Validity) This Agreement shall be terminated (Interim Omission).

However, this Agreement shall continue to remain effective in so far as the rights and duties of the ordering person or a third party related to the project remain.

Article 6 (Liability) Members of a joint contractor shall be jointly and severally liable for the performance of obligations under the contract to the ordering agency.

Article 7 (subcontracts) The subcontract shall be executed independently by some members of the joint contractors.