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(영문) 서울중앙지방법원 2013.09.05 2012가합58338
공사대금 등
Text

1. The defendant,

A. From August 1, 2012 to September 5, 2013, Plaintiff Dong grade Co., Ltd.: 417,000,000 won and its related amount.

Reasons

1. Basic facts

A. In order to jointly supply and demand C as ordered by the Korea Rail Network Authority on June 22, 2009, the Defendant and B (hereinafter “B”) constitute a joint supply and demand agreement with the following terms and conditions (hereinafter “joint supply and demand agreement”) and entered into a joint supply and demand agreement with the following terms and conditions on April 30, 2010. On February 23, 2012, the Korea Rail Network Authority entered into a joint supply and demand agreement with C as a joint supply and demand agreement with the following terms and conditions. From February 23, 2012 until September 12, 2012 (from September 14, 2009 to September 12, 2012), the contract amount, 7,900,000,000 won (total additional construction period, KRW 25,754,00,000,000, total construction period) were determined by the joint supply and demand agreement.

Article 3 (Members of Joint Supply and Demand Organization) (1) Members of Joint Supply and Demand Organization shall be as follows:

(2) The representative of the joint contractors shall be B.

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

Article 6 (Liability) Members of a joint contractor shall be jointly and severally liable for the performance of obligations under the contract to the ordering agency.

Where some members of a joint contractor intend to independently conclude a subcontract, they shall obtain the consent of the other members.

Article 9 (Ratio of Investment by Members) (1) The ratio of investment by a joint supply and demand company shall be determined as follows:

1. B: 90.00%

2. Defendant (D): each member shall bear the subcontract price, material cost, labor cost, expenses, etc. incurred in performing this contract in accordance with the ratio of investment.

Article 5 (Organization of Operating Committee's Organization)

1. The head of the operating committee of the entire organization chart;

2. Members of the Operating Committee shall be the executives of each person to whom authority is delegated by the representatives of joint contractors under the joint supply and demand agreement (hereinafter referred to as “operating members”).

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