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(영문) 서울중앙지방법원 2014.01.17 2012가합515961
계약이행보증금
Text

1. The Defendant’s KRW 1,910,590,000 as well as 6% per annum from June 12, 2012 to January 17, 2014 to the Plaintiff.

Reasons

1. Basic facts

A. On December 1, 2005, the Korea Highway Corporation announced a public announcement of the construction of the first section of the motorway No. 25 from the Yasan-si to the Yasan-si Seoul Special Metropolitan City (hereinafter “Korean Highway Corporation”). The Plaintiff, the AWC Construction Co., Ltd. (hereinafter “N&C Construction”), and the name-based construction of a limited company (hereinafter “name-based construction”) constituted a joint supply and demand organization (hereinafter “the Plaintiff’s joint supply and demand organization”) to jointly perform the construction of the said motorway.

[Joint Supply and Demand Agreement] Article 3 (Members of Joint Supply and Demand Organization) (2) The representative of Joint Supply and Demand Organization shall be the plaintiff.

(3) The representative shall represent the joint contractors and third parties, and shall have the authority to manage the joint contractors and request the price, etc.

[Written Agreement on the Operation of Joint Contractor] Part I of Chapter I of the General Provisions (Liability of Members) Article 3 (Liability of Members) of the Agreement shall be the plaintiff pursuant to Article 3 (2) of the Agreement, and the person ordering and a third party shall represent the members and shall assist the project owner and the third party in the field in formulating a work plan, preparing an execution budget, determining the method of execution, processing affairs, quality control and contract management affairs necessary for the completion of the object of execution, in consultation with each member.

Article 7 (Composition of Organization Organization): (1) The Steering Committee shall be comprised of one executive officer delegated with authority by the representative director of each member, and the chairperson shall be the executive officer of the representative director.

(3) On-site: An employee shall be formed based on the ratio of investment of each constituent member for the site director and the total number of persons on-site under an agreement between the operating committee and the working committee delegated by the operating

Part III (Organization of On-Site Organizations) (1) Article 2 (Organization of On-Site Organizations) (2)

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