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(영문) 서울북부지방법원 2018.05.17 2016가합22428
임금등
Text

1. The Defendant’s KRW 249,48,866 as well as the Plaintiff’s KRW 6% per annum from March 31, 2016 to May 17, 2018.

Reasons

1. Basic facts

A. 1) The Seoul Special Metropolitan City Dental Corporation (hereinafter “D Corporation”);

) The E District Urban Residential Housing Construction Works (hereinafter referred to as “instant Construction Works”).

2) The Plaintiff, Defendant, and F Co., Ltd. (hereinafter referred to as “F”) constituted a joint supply and demand organization (hereinafter referred to as “joint supply and demand organization”) and jointly implement the instant construction project with the Plaintiff’s share of 49% and the Defendant’s share of 51%, and F agreed to share the part of the instant construction project.

its key

Details are as follows:

Article 3 (Joint Supply and Demand Agreement (hereinafter referred to as the "Joint Supply and Demand Agreement") (2) The representative of the Joint Supply and Demand Agreement shall be the defendant.

(3) The representative of a joint contractors shall represent the joint contractors and the third parties, and shall have the authority to manage the property of joint contractors and request for payment, etc.

Article 7 (subcontracts) Members of a joint contractor may subcontract part of the share under their own responsibility.

Provided, That where it is intended to subcontract the joint performance part, the consent of other members shall be obtained.

Article 9 (Ratio of Investment by Members, etc.) (1) The ratio of investment and the ratio of shares of each member shall be determined as follows:

Article 10 (Sharing of Common Expenses, etc.) of the 3.57% (100%) of the 3.57% (100%) of the 3.57% (100%) of the 3.57% (100%) of the 10% of the 100% of the 17.18% of the 17.25% of the 196.43% of the 49.18% of the 17.57% of the 49.57% of the 49.57% of the 1999.

Provided, That the profits and losses accrued from the joint performance shall be distributed or shared according to the ratio prescribed in Article 9 among the relevant members.

3) On December 30, 2013, the D Corporation entered into a contract for construction works (hereinafter referred to as “the instant contract”) with the instant joint contractors with the content that the instant joint contractors enter into the contract amount of KRW 15,486,411,00 for the instant construction works and the contract period of construction from December 31, 2013 to June 4, 2015.

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