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(영문) 광주고등법원 2018.05.16 2017나14009
원가분담금 지급청구
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

purport.

Reasons

1. Basic facts

A. The Plaintiff is a company engaged in civil engineering, construction work, packing construction contract, etc., and the Defendant is a company engaged in civil engineering work business, civil engineering construction business, and civil engineering construction business.

B. On December 7, 2011, the Plaintiff, the Defendant, the Construction Co., Ltd. (hereinafter referred to as “Co-owners”) and the Mining Construction Co., Ltd. (hereinafter referred to as “Boo Construction”), together with them, constitute a joint supply and demand organization. On December 7, 201, the Public Procurement Service (Demand Agency: Korea Forest Service) set the construction, civil engineering, and landscaping works among the National Baekdudaegan Creation Works (hereinafter referred to as “instant construction works”) as the total construction cost at KRW 69,982,020,50,508.

(hereinafter “instant construction contract”). C.

At the time of entering into the contract for the instant construction project, the instant joint contractors entered into a joint supply and demand operation agreement (hereinafter “instant agreement”) with the members of the joint contractors to determine the details relating to the performance of the construction project, which was included in the instant construction contract. (See Article 3 (Partners and Representative Company) of the instant agreement, and (2) The representative joint contractors shall be the construction of walls.

Article 4 (Ratio of Investment by Members) Each member shall bear direct and indirect construction costs, site management expenses, etc. required for this project by the ratio of investment, and the ratio of investment shall be the ratio of the following [1] ratio:

60% of construction of brickd building, civil engineering, landscaping (joint implementation) landscaping (joint implementation) 60% of construction of brickd building (joint implementation) 70%, 20%, 10% of 10% of luminous construction 10% of defendant 10% of defendant 10% [Attachment 1] of investment by class members (pre-revision 1), Article 19 (Claims and Fees for the Price of Works) ① Claim of the class members' advance payment and payment for a flag shall be made by the representative to the ordering person on the basis of the

(2) The method of collecting money shall be prohibited by each company from opening a passbook for the construction works, including advance payment and completion money.

Article 20 (Request for and Financing of Funds at the Site) (1) The request for funds shall be made at the end of each month by the representative.

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