(영문) 서울중앙지방법원 2019.05.23 2018가합520392

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(영문) 서울중앙지방법원 2019.05.23 2018가합520392

원가분담금 청구의 소

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1. The Defendant’s KRW 9,709,184 as well as the Plaintiff’s annual rate of KRW 6% from July 26, 2014 to May 23, 2019.

Reasons

Basic Facts

C Around December 4, 2012, eight companies, including the Plaintiff and the Defendant, Defendant, D, E, E, F, G, H, and I were awarded contracts for the construction of C by the Korea Rail Network Authority (hereinafter referred to as “C”) with the representative of the Plaintiff.

On May 2013, the members of the joint contractors entered into an operational agreement to establish the methods and procedures for the operation of the joint contractors, and the main contents of the agreement are as follows:

The purpose of Article 1 (Purpose) of the Framework Agreement on the Operation of Joint Supply and Demand (hereinafter referred to as the "Joint Supply and Demand") is to prescribe detailed methods and procedures for the implementation of the "Joint Supply and Demand Standard Agreement" in order to facilitate the supply and demand and execution of construction works jointly by eight companies, including A and A.

Article 2 (Partners and Equity Shares) Members of a joint contractors (hereinafter referred to as "members") shall be as follows:

1) A LA: A share of 40% (2%) A: A share of 15%) B: A share of 10%) B: 4%) A share of 10%) E: A share of 10%) F: A share of 10%) G A: A share of 5%) A: A share of 5% (5%) A: A share of 5%) A: A share of 5% (5%) A: A share of 2. Accounting and Accounting Regulations (claim of Corporation Hospitalization)

1. The evidence of the cost of construction work which has been generated during a month shall be inserted in the name of the representative, and the representative shall, in consultation with the members, close as of the end of each month and issue it by classifying it into a statement of the cost of construction work and a tax invoice, account statement and other receipts with regard thereto allocated according to the equity ratio;

2. The representative shall request the members by the fourth day of each month, attaching a president of the execution organ to the Corporation.

3. With respect to the amount of the cost input by the representative, the members shall every month make the monthly claim amount equivalent to the equity ratio by each company, regardless of the receipt of the progress payment; and

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