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(영문) 서울중앙지방법원 2018.06.01 2017가합577186
구상금
Text

1. The plaintiff's lawsuit against the defendant B is dismissed.

2. Defendant C Co., Ltd. shall pay to the Plaintiff KRW 2,186,792,434.

Reasons

Basic Facts

Plaintiff

On May 26, 2008, the Plaintiff Company E (hereinafter “E”). From the following date, the Defendants and F (hereinafter “instant agreement”) entered into an agreement with each other on May 26, 2008 (hereinafter “instant agreement”), and the Plaintiff and E are joint contractors, and the Defendants and F participated in D Urban Development Project 3 B block (hereinafter “instant project”).

The parties to the instant project agreed to implement the project by dividing the construction sections according to their respective shares at the time of the instant agreement, while the Si Corporation in the part implemented by the Defendant B and the Defendant C among the instant project was designated as E, and the Si Corporation in the part implemented by the F as the Plaintiff.

The contents of the instant agreement relating thereto are as follows.

Article 1 (Members of the Corporation at the time of joint implementation) The members of the Corporation at the time of each of the projects in this case shall be as follows:

Nor. 1 Defendant B E 2, Defendant C E 3 F Plaintiff 2 (Shares and investment rates of partners)

1. The Defendants and F shall jointly carry out the instant project in accordance with its share of land (hereinafter referred to as “share ratio”) as follows:

Defendant B 33.50% Defendant C 25.23% F 41.27% of the land ratio in the executor company, Article 3 (Determination of Method of Execution, Sale Price, etc. of Project)

1. In principle, the project of this case shall be implemented jointly in accordance with its equity ratio.

Therefore, according to the shares of Article 2(1), the sections of the execution shall be divided and divided in accordance with the shares of the company, and each company shall execute the allocated sections with their responsibilities and rights.

Article 36 (Joint Liability)

1. Liability for defect repairs and civil petition liability that are prescribed to be borne by the executor or the contractor for a third party (civil petitioner, buyer, etc.) on the present Convention.

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