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(영문) 서울중앙지방법원 2017.09.22 2015가합8488
공동도급공사에 따른 공동분담금
Text

1. As to KRW 5,354,354,495 among the Plaintiff and KRW 4,731,830,407 among the Plaintiff, the Defendant shall start from February 4, 2015 to September 22, 2017.

Reasons

1. Basic facts

A. On June 5, 2011, the Plaintiff, Defendant, Construction Co., Ltd., Forestry Construction Co., Ltd., Gyeongsung Construction Co., Ltd., Sungsung Construction Co., Ltd., Ltd., ranchising the Plaintiff as the representative of the Plaintiff (hereinafter “instant Co-Supply”) and the supply of “construction works for the 2014 Incheon Asian Games Jeju Asian Games Construction Co., Ltd.” (hereinafter “instant construction”).

B. The members of the instant joint contractors, including the plaintiff and the defendant, are referred to as the "Convention on the Implementation of Joint Supply and Demand" for the operation of the joint contractors and the execution of the instant construction.

and the following are the main contents relating to this case.

General Provisions of Chapter I of the Convention

3. Methods of executing construction works;

(b)The activities of the joint contractors shall be co-investment, co-ownership and co-ownership in accordance with their respective shares.

4. Representative of the project and the ratio of members; and

A. The Plaintiff shall represent the members of the ordering person and shall be responsible for all the measures necessary for the smooth implementation of the construction work (the formulation of a fair plan, the determination of the method of execution, and the contract management) until the rights and obligations against the ordering person of the construction work are completed.

(b) Members shall divide their respective shares as follows and have the powers and responsibilities arising therefrom:

The operation of Chapter II Steering Committee of the 53.29% equity ratio of the Plaintiff Y Y Y Y Y 20% 4.175% 4.175% 4.175% 5% 4.1775% 5% 4.1775% equity ratio of the Plaintiff Y Y Y Y Y Y Y

1. Operating Committee;

(b) The scope of business: (4) The approval of the implementation budget and the approval of the execution of excess budget, Chapter IV Funds and Accounting Management;

4. Demand and payment of funds;

(a)on-site funds shall be classified into regular funds and ordinary monthly funds, and regular funds shall be distributed from the representative company to the amount calculated by the monthly inputs of the representative company and notified in proportion to their respective shares;

Joint contractors shall confirm this and smoothly execute funds for inputs.

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