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(영문) 서울중앙지방법원 2015.07.15 2015가합512635
원가분담금 청구의 소
Text

1. The Defendant: (a) KRW 219,258,262 to the Plaintiff; and (b) KRW 10.76% per annum from May 26, 2014 to March 10, 2015 to the Plaintiff.

Reasons

The summary of this case is the case where the plaintiff, the representative of the joint contractor, seeks the payment of the cost to the defendant who is a member of the joint contractor.

In fact, on December 10, 2012, on the ground of the date of concluding a service contract and the date of completing the contract, the contract amount of 10.4,195,316,00 won on September 30, 2013, the change of project volume on September 26, 2013; 4,195,316,00 won on September 26, 2013; 3,000 won on October 26, 2013; 4,195,316,00 won on October 24, 2013; 4,000 won on December 10, 2013; 4,781,730,000 won on December 27, 2013; 203, the Plaintiff C&C Co., Ltd., Ltd., Ltd. (the second joint supply of soil contamination 2, 2014; 3.6,000 won on March 316.

Since then, the contract amount or the completion date of the instant service contract was changed as indicated below.

In preparation of a joint contract operation agreement under Chapter 1, Article 3 (Partners and Shares) of the Framework Agreement on the Operation of Joint Contracts

1.Members (members or co-members) and the shares of the joint contractors shall be as follows:

1) Plaintiffs 44%, 2%, 31%, 15%, 10%, 10%, and amb&C

2.The representative (or representative) of a consortium shall be the plaintiff.

3. All matters which are undertaken in relation to this project shall be dealt with according to the equity ratio unless otherwise specified in this Convention.

Article 4 (Power of Representative)

1. The representative shall represent the joint contractors to the project owner and third parties;

3.The representative shall have the authority to request the contract of this construction and the cost of construction.

Article 6 (Responsibility)

1. Members shall be jointly and severally liable to the ordering person all the contractual obligations and shall be mutually and severally liable to the person placing an order in proportion to the shares of its members;

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