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(영문) 서울중앙지방법원 2018.06.08 2017가합507255
공사대금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 1,271,737,50 and KRW 1,250,546,59 from November 26, 2016.

Reasons

1. Basic facts

A. The Plaintiff is a company whose business purpose is soil work business, reinforced concrete business, etc., and Defendant B (hereinafter “Defendant B”) is an engineering work business, building, packing, landscaping work business, etc., and Defendant C Co., Ltd (hereinafter “Defendant C”) is a company whose business purpose is to engage in civil engineering work, building work, electricity work business, etc.

B. On February 28, 2011, the Defendants concluded a contract for construction works with the Incheon Metropolitan City General Construction Headquarters for D Corporation by organizing a joint supply and demand organization (the share ratio of Defendant B, the share ratio of Defendant C 40%, and the share ratio of Defendant C; hereinafter “instant joint supply and demand organization”).

C. On November 9, 201, the Plaintiff and Defendant B, the representative company of the instant joint contractor, entered into each subcontract (including each of the instant subcontracts) with respect to construction period for Saturdays and reinforced concrete construction (including value-added tax) from November 9, 2011 to February 20, 2015, with respect to construction period of 2,483,890,000 won (including value-added tax), and on May 7, 2012, the Plaintiff entered into each subcontract (hereinafter referred to as “each of the instant subcontract”) with respect to construction for soil and reinforced concrete construction among the said construction works, from April 27, 2012 to February 20, 2015 (including value-added tax).

(B) The construction work under each of the instant subcontracts (hereinafter “the instant construction work”) was divided into the right bank and the left bank of the river, and operated as a single construction site.

The parts related to this case, among the contents of the standard subcontract agreement for construction business that forms the contents of each of the instant subcontract, are as follows:

Article 1 (Basic Principles) (1) The principal contractor (hereinafter referred to as "A") and the subcontractor (hereinafter referred to as "B") shall cooperate on an equal footing and faithfully implement the contract in good faith.

(2) A and B shall perform and perform this construction work.

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