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(영문) 광주지방법원 2017.08.25 2016가합56153
원가분담금 지급청구
Text

1. As to KRW 257,463,140 and KRW 38,018,445 among the Plaintiff, the Defendant shall pay to the Plaintiff KRW 4,171,571 from December 1, 2015.

Reasons

1. Basic facts

A. The Plaintiff is a company that engages in civil engineering, construction works, packing construction contracts, etc., and the Defendant is a company that engages in civil engineering work business, civil engineering construction business, and civil engineering construction business.

B. On December 7, 2011, the Plaintiff, the Defendant, the District Court, and the Mining Construction Co., Ltd. (hereinafter “UBD”) constituted a joint supply and demand organization. On December 7, 2011, the Korea Forest Service determined and supplied construction, civil engineering, and landscaping among the National Arboretums Creation Works (hereinafter “instant construction”) as KRW 69,982,02,50,508 of the total construction cost.

C. At the time of receiving the instant construction project, the Plaintiff, the Defendant, the Corporation, and the Sub-Construction entered into a joint supply and demand operation agreement with the members of the joint supply and demand organization to determine the detailed matters relating to the performance of the construction project as above. According to Article 3(2) of the Act, the M&D serves as the representative of the joint supply and demand organization (Article 3(2) of the M&D. The ratio of investment by the members of the joint supply and demand organization is as listed below [Attachment 1]. (Article 4) The representative shall settle and determine the funds required at the instant construction site on the basis of the end of each month and claim against each member by the fifth day of the following month in proportion to the funds required at the site (reserve) and the ratio of investment by each member of the joint supply

(Article XIX(1)(2). Construction, civil engineering, landscaping (joint implementation) construction (joint implementation) 60%, 70%, 20%, 10%, 10%, 10%, 10%, 10%, 10%, 10%, 10%, 20%, 20%, 20%, 20%, respectively, of each class member (formers

D. On June 26, 2012, when the instant construction was in progress, an application for commencement of rehabilitation procedures was filed on June 26, 2012, and on July 3, 2012, the rehabilitation procedure commenced upon the court’s decision, and again filed an application for discontinuation of rehabilitation procedures on March 14, 2014, and was finally declared bankrupt on April 16, 2014.

E. The plaintiff, the defendant, and the vice-construction under the Bankruptcy Act.

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