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(영문) 서울중앙지방법원 2015.05.29 2013가합546078
정산금 청구의 소
Text

1. The defendant (Counterclaim plaintiff) shall dismiss the counterclaim;

2. All claims filed by the Plaintiff (Counterclaim Defendant) are dismissed.

3...

Reasons

1. Basic facts

A. 1) The Plaintiff and the Defendant concluded a joint supply and demand agreement with the Plaintiff and the Defendant, constituting a joint supply and demand organization, and constructing a 15 complex apartment complex in Gangseo-gu Seoul Metropolitan Government Gangseo-gu (hereinafter “instant construction”).

In order to receive orders, on September 22, 201, a joint supply and demand agreement (No. A. 1; hereinafter “instant joint supply and demand agreement”) with the following content as follows:

Article 3 (Members of Joint Supply and Demand Company) (2) The representative of Joint Supply and Demand Company shall be the plaintiff.

Plaintiff

(2) The ratio referred to in paragraph (1) may be changed in any of the following cases:

Provided, That in changing the investment ratio, the whole of the equity shares of some members shall not be transferred to another member.

(c) Where partners who are difficult to perform the contract in accordance with the original agreement due to any cause, such as bankruptcy, dissolution, default, etc., among the members of a joint venture, request a change in their joint signature, if any profit or loss occurs after the execution of the contract under Article 10, the profit or loss shall be apportioned or shared at the ratio set forth in Article 9;

2) After that, the Plaintiff and the Defendant determined the construction period from September 28, 201 to April 29, 201, and the construction cost of construction KRW 127,759,395,000 (including value-added tax) between the SH Corporation and the construction period on September 26, 2011, as the contract for the instant construction (hereinafter “instant construction contract”).

(B) The Plaintiff and the Defendant were to receive the construction cost of the instant construction project from the date of commencement to May 31, 2012) and the construction cost of each of the instant construction works were to progress, and the construction cost was to be paid to the SH each of the instant construction works, claiming a payment for the completed portion every month, claiming the payment for the completed portion to the SH in writing, and receiving confirmation of the completed portion, and then received the payment for the completed portion directly from SH in accordance with its equity

2. The cost of construction work.

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