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(영문) 부산지방법원 2015.07.16 2013가단27325

공사대금

Text

1. The defendant shall pay 844,650 won to the plaintiff.

2. The plaintiff's remaining claims and the independent party intervenor.

Reasons

The principal lawsuit and the application for intervention by an independent party shall be deemed simultaneously.

1. Basic facts

A. On November 23, 2009, the Plaintiff and the Intervenor of the independent party (hereinafter referred to as the “ Intervenor”) entered into a contract with the Defendant on July 30, 2010 with the contract amount of KRW 2,989,00,000 (including value-added tax) for the newly built construction works on the ground-based and four parcels, Seo-gu, Busan, Seo-gu, Busan, and KRW 345-1, and KRW 86,07,00 (hereinafter referred to as the “instant entire construction”). Of the above contract amount, the part of the construction works on the construction and equipment was 2,642,92,930, and electricity and fire-fighting construction works (hereinafter referred to as the “instant construction”). The part of the construction and equipment construction works on the above contract amount was 346,07,000 (electric construction: KRW 259,340,000, fire-fighting construction works: KRW 86,67,000).

B. Meanwhile, the Plaintiff and the Intervenor constituted a joint supply and demand organization on the date of conclusion of the said contract, and the Intervenor entered into a joint supply and demand agreement with each of the construction works of the said joint supply and equipment, and the Plaintiff’s joint supply and demand agreement with each of the instant construction works, and

Article 2 (Members of Joint Contractor) (2) The representative of the Joint Contractor shall be the Intervenor(s).

(3) The representative shall represent the ordering person and the third person, and shall have the authority to manage the property of joint contractors and to request for payment, etc.

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

Each member of a joint contractor under Article 7 may subcontract a part of the share under his/her own responsibility.

Pursuant to the provisions of Article 8 (Transaction of Joint Contract Operation) of the Accounting Rules, advance payment, payment of money, etc. under the provisions of Article 11 of the Guidelines for Joint Contract Operation shall be paid to the following accounts:

1. Port Construction (States): National Bank, bank account number of a national bank, 568901-01-174191, and security and construction of deposit holders;

2. U.S. Electrical (hereinafter “Defendant”): The Busan Bank, Account Number 101-01-01-01021-6, and the Deposit Day Electrical (hereinafter “Co-ownership”) No. 10(Co-ownership).