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(영문) 서울중앙지방법원 2019.06.05 2018가합538188

공사대금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff, including the part resulting from the supplementary participation.

Reasons

1. Basic facts

A. A Co-Payment Co., Ltd. (hereinafter “A”), the Defendant’s Intervenor, and the 15 construction companies, under the Joint Supply and Demand Agreement, concluded a joint supply and demand agreement with the Defendant for the joint supply and demand of the “E Corporation” (hereinafter “the instant construction”) around 2006.

The main contents of the above joint supply and demand agreement are as follows:

Article 1(Purpose)The purpose of this Convention is to provide for all matters necessary for the members of this Convention to implement the instant construction project ordered by the Defendant as a joint performance method (execution of Section 3).

Article 3 (Ratio of Shares by Members and Members of Joint Contractor) (2) The ratio of shares in the contract by members and members of Joint Contractor shall be as follows:

1. The Intervenor joining the Defendant: 31.30% A: 2.50% (the representative and authority of the joint contractors) and Article 5 (1) The representative of the joint contractors are the Intervenor joining the Defendant.

(2) The representative shall represent joint contractors to the project owner and third parties.

(3) Each member of a joint supply and demand organization shall pay or have others pay the cost settlement amount, as prescribed in Article 23, to the members concerned, after settling the settlement of cost settlement, and if any person has defaulted the cost settlement amount without any justifiable reasons, any member of a joint supply and demand organization shall be jointly and severally liable for the performance of contractual obligations to the project owner, as prescribed in Article 22 (2) (1) ( member of a joint supply and demand organization shall be jointly and severally liable for the performance of contractual obligations to the project owner, and all members of each joint supply and demand organization shall be liable for the relevant joint supply and demand organization.

Article 21 (Receipt of Price for Climate and Price Fluctuations) ① The price for climate and price fluctuations shall, regardless of the progress ratio of each construction section, be distributed in proportion to the equity ratio of the members of the total amount of ten construction sections plus the amount of progress payments, and the defendant shall pay to the members of the respective trade accounts.

Provided, That the difference between the base rate for each construction section shall be greater.