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(영문) 서울서부지방법원 2019.09.06 2018가단226780

정산금청구등

Text

1. The Defendant’s KRW 41,892,80 for the Plaintiff and KRW 5% per annum from December 1, 2017 to September 6, 2019.

Reasons

1. Facts of recognition;

A. C On January 31, 2017, the Si publicly announced that the project implementer will undertake the specialization project (hereinafter “the specialization project in this case”) to install a wheel train, railroad signal light, etc. (on a day-time landscape facility), and to install specialized lighting, radar lighting facilities, etc. (on a night landscape facility), thereby improving Eris’ landscape.

B. On February 20, 2017, the Plaintiff and the Defendant entered into a standard agreement on joint supply and demand (hereinafter “instant joint supply and demand agreement”) with Non-Party G and H (hereinafter “Plaintiff, etc.”) and participated in the instant specialization project tender at C. The main contents of the instant joint supply and demand agreement are as follows.

Article 3 (Members of Joint Contractor) (1) Members of Joint Contractor shall be as follows:

1. A company in charge of the bankruptcy resolution;

2. I companies:

3. Bank of Bankruptcy;

(2) The representative of the joint supply and demand company shall be the AJ.

Article 6 [Liability] Members of a joint supply and demand organization shall be liable for the performance of their obligations under the contract to the agency awarding the contract in accordance with the terms of sharing.

Article 9 [Sharing Contents by Members] ① Each member's share shall be determined as follows: (A) Each member's share in the design field [industrial design and landscape creation] 20%: design [industrial design] 60%] and design field: G company: design field [design] 10%] in the field of production and installation [Design] 10%] in the field of creation and installation. (2) The share in paragraph (1) may be changed in any of the following cases:

Provided, That in changing the contents of sharing, all members shall not be transferred to another member.

1. Where the contract price has been increased or decreased due to changes in terms of contract with the ordering agency;

2. Change in the contents of sharing, in joint signature, due to the occurrence of the members of a joint contractor who are difficult to perform the contract in accordance with the original agreement due to their bankruptcy, dissolution, default, etc.