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(영문) 부산지방법원 2017.03.08 2015가합50135
청구이의
Text

1. Compulsory execution against the plaintiff by the defendant against Busan District Court on October 8, 2015 based on payment order No. 2015 tea 10584 dated October 8, 2015 is enforced.

Reasons

Basic Facts

On January 2010, the Plaintiff, Sambu Construction Co., Ltd. (hereinafter referred to as the “Tulbu”), Sambu Construction Co., Ltd., Ltd., limited liability company, Sambu Construction Co., Ltd. entered into a joint supply and demand agreement with the following terms and conditions as joint supply and demand contractors (hereinafter referred to as the “joint supply and demand contractors of this case”) to enter into a contract for the construction works of the Saemangeum Flood Control Co., Ltd. (hereinafter referred to as the “instant construction works”), which are ordered by the Korea Rural Community Corporation, and the instant construction works were ordered by the Korea Rural Community Corporation.

(2) The representative of a joint contractor shall be a case of third party.

(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 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.

Where some members of a joint contractor intend to independently conclude a subcontract, they shall obtain the consent of the other members.

Article 9 (Ratio of Investment by Members) (1) The ratio of investment by a joint supply and demand company shall be determined as follows:

1. Tropic building: 40%;

2. Meritorious Construction Co., Ltd.: 20%;

3. Plaintiff: 10%;

4. Construction of hanok for a limited liability company: 15 percent.

5. Samhwa Construction Co., Ltd.: 15% of the Defendant prepared a construction subcontract agreement between Samdae Construction Co., Ltd.: 15% of the construction period from February 24, 2011 to June 30, 2012, with respect to the waterway and waterproof construction works among the instant construction works, with the amount of construction cost fixed as KRW 14,619,00,000 (including value-added tax; hereinafter the same shall apply) and that the Defendant would receive a subcontract for construction works; however, the final deadline for the completion of construction was changed to KRW 15,393,180,000 for the period of completion by a modified contract several times; and the construction cost was changed to KRW 15,393,180,000 on April 5, 2012.

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