(영문) 서울중앙지방법원 2012.10.31 2012가합36147

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자간(%)

(영문) 서울중앙지방법원 2012.10.31 2012가합36147

공사대금

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

The Plaintiff, the Defendant, and the non-party L&C Co., Ltd. (hereinafter referred to as “the non-party L&C”) are members of the joint contractors (hereinafter referred to as “instant joint contractors”) who have been awarded a contract for the work of improving sewage conduits in the sexual exchange treatment area (hereinafter referred to as “the instant construction work”) from the tap-si Water Business Office in the Yananan-si City.

On May 19, 2008, the plaintiff, the defendant, and the non-party Latti prepared a standard agreement on joint supply and demand with the joint implementation method, and the representative of the joint supply and demand organization shall be the plaintiff (Article 3 (2)), the ratio of investment by each member to the plaintiff 50%, the defendant 36%, and the non-party Latti 14% respectively.

On May 27, 2008, the contracting body of this case concluded a contract for the construction work of this case with the non-party 15,859,15,000 won, the commencement date of construction work, June 3, 2008, and June 2, 201, respectively.

The members of the instant joint supply and demand agreement (hereinafter “instant joint supply and demand agreement”) signed around June 2009, and the main contents of the instant joint supply and demand agreement are as follows.

Article 3 (Members of Joint Contractor and "Apportionment Ratio") (2) Members (hereinafter referred to as "members") and shares ratio (hereinafter referred to as "shares ratio") of the Joint Contractor shall be as follows:

1. Treatment and construction (50%) for stock companies;

2. Yellow Industry Co., Ltd. (36%)

3.In accordance with Article VII (14%) of L.C.T. (14%) each “member” shall invest expenses (hereinafter referred to as “share”) necessary for the performance of the “Corporation” and shall share the profits and losses in accordance with the “share Ratio” and shall jointly carry out the “Corporation” (referring to the instant construction).

(3) A joint steering committee shall be established to provide support for duties related to the implementation of this project and coordinate opinions among its members.

Article 19 (Authority of Joint Steering Committee) (1) The Joint Steering Committee shall be as follows:

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