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(영문) 서울중앙지방법원 2015.08.21 2013가합86408
공사비분담금
Text

1. The Defendant’s annual period from June 24, 2015 to June 29, 2015, as to KRW 1,033,536,865 and KRW 831,979,182 among the Plaintiff.

Reasons

1. Facts of recognition;

A. 1) The instant construction contract was concluded by the Plaintiff, the Defendant, and the ELD Construction Company (hereinafter “ELD Construction”).

) Sambu Co., Ltd., Ltd. (hereinafter referred to as “ Sambu Land”)

(2) The construction of alternative construction company (hereinafter referred to as “alternative construction”)

(2) The joint contractors (hereinafter referred to as the “joint contractors of this case”)

On March 23, 2011, the Ministry of Land, Transport and Maritime Affairs constituted installation works for the outer facilities for the improvement of the temperature of the sea-going (hereinafter referred to as “instant construction works”) from the Busan Port Construction Office of the Ministry of Land, Transport and Maritime Affairs.

(1) The construction contract was concluded between March 25, 201 and September 9, 2013 with the total construction cost of KRW 106,550,000,000, and the construction period of KRW 106,550,00 (hereinafter “instant construction contract”).

(2) After that, the contents of the instant construction contract were modified on several occasions, and on January 23, 2013, the final total construction cost was KRW 108,025,328,00, and the deadline for completion was changed on December 29, 2013.

B. On February 4, 2008, the joint supply and demand agreement of this case (hereinafter “instant joint supply and demand agreement”) between the Plaintiff, the Defendant, the ELADD Construction, Sambu Construction, and Taesung Construction as the Plaintiff’s representative with respect to the instant construction project (hereinafter “instant joint supply and demand agreement”).

The contents of the instant joint supply and demand agreement have been amended several times, and the main contents thereof are as follows. Members of the instant joint supply and demand agreement under Article 3 (Members of the joint supply and demand agreement) of the Joint Supply and Demand Agreement are the Plaintiff, the Defendant, the ELA Construction, Sambu Construction, Sambu Construction, and Taesung Construction. Article 6 (Liability) members are jointly and severally liable to the ordering person for the performance of their obligations under the joint supply and demand agreement in relation to the instant construction project (sharing between the constituent members according to their share ratio prescribed in Article 7(1)), and the entire share ratio of the constituent members under Article 7 (Share ratio of the constituent members) of the Joint Supply and Demand Agreement for subordinate suppliers and material suppliers are as follows.

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