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(영문) 광주지방법원 2013.12.06 2013가합2858
손해배상(기)
Text

1. On the Plaintiff (Counterclaim Defendant),

A. The Defendant (Counterclaim) is jointly and severally liable for KRW 16,112,328 and this.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On June 11, 2010, the Plaintiff and the Defendants entered into a joint contract operation agreement (hereinafter “instant operation agreement”) and jointly concluded a joint contract operation agreement (hereinafter “instant operation agreement”) with respect to “private investment projects in land, military, Kim Jong-gun and military camp facilities” from a stock company as the construction contract amounting to KRW 52,172,80,000 with respect to “private investment projects in land, military, and military facilities.”

The outline of the instant operational agreement is as follows.

1) The Plaintiff, the Defendants, and the Nam Young Construction constitute joint contractors through the instant operational agreement (the members of the joint contractors and the contract amount shall be as follows:

Article 2) As a representative of the above joint contractors (Article 5(1)). In the case of the highest decision-making body among the members for the determination of the major matters relating to the instant construction project, a joint management committee shall be established and a resolution shall be made in full. In principle, if a decision-making is impossible due to a unanimous decision-making, a resolution shall be made with the consent of a majority of the total construction share ratio of the members (Article 6). In the case of construction in full (Article 6), a resolution shall be made with the consent of a majority of the total construction share ratio of the members (Article 45%) 23,47,760,700, in full-time comprehensive construction (ju) 20% of the total construction (ju), 10,434,560,000, in full-time comprehensive construction (ju) 7,825,920,000,0000, 508, 2006, 2008, 2006, 2006,0600.

In case of a construction project representing a joint contractor at each site, the Corporation shall be entrusted to the project owner with the shares of other members of the project until the performance of its obligations to the project owner is completed, and shall perform all the duties necessary for the Corporation as the responsible contractor of the project, and shall be designated.

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