(영문) 서울중앙지방법원 2016.01.15 2015가합514181

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(영문) 서울중앙지방법원 2016.01.15 2015가합514181

정산금 등 청구의 소

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1. The plaintiff's claim is dismissed.

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

Reasons

On November 11, 2011, the Defendant concluded a construction contract for the construction work of D apartment (hereinafter “instant construction work”) with the EH Corporation (hereinafter “SH Corporation”) to jointly supply and demand by setting the construction cost of KRW 63,717,127,00, and the construction period of November 11, 201 through May 28, 201 (hereinafter “instant contract”).

At the time of the conclusion of the instant contract, A entered into each of the following joint supply and demand agreements with the Defendant, and on May 15, 2012, in order to clarify the distribution of profits and losses under each of the above joint supply and demand agreements, A entered into a joint contract operation agreement (hereinafter “instant agreement”) with A and the Defendant’s joint supply and demand agreement (hereinafter “instant joint supply and demand agreement”).

Article 1 (Purpose of this Agreement) of the Joint Supply and Demand Agreement (Sharing Method) sets out an agreement with A and the defendant to jointly carry out a project by forming a joint supply and demand organization and by mobilization of financial management and technical ability, personnel, and equipment and facilities for the following projects ordered by SH Corporation.

1. Project name: The instant construction project;

2. The name of the project owner: The name of a joint contractor, the location of the place of business, and the representative of the SH Corporation under Article 2 shall be as follows:

1. Name A:

2. Location of the principal office: Ansan-gu E in Gyeonggi-do;

3. Name of representative: Article 3 (Members and Representatives of Joint Contractors) (1) Members of Joint Contractors shall be as follows:

1. A;

2. The representative of the joint contractor for defendant shall be A.

(3) The representative shall represent the SH Corporation and a third party, and shall have the authority to manage the joint contractors' property, request for the payment thereof, etc.

Article 4 (Effective Period) This Agreement shall enter into force at the same time as signature between the Parties and shall be terminated upon completion of the implementation thereof.

However, with respect to the SH Corporation and third parties, it shall be subject to this project.

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