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(영문) 서울중앙지방법원 2016.09.07 2013가합29641
공동분담금
Text

1. The Defendant’s KRW 1,527,57,881 among the Plaintiff and KRW 4,824,556 among the Plaintiff, shall be KRW 76,90,513 from April 26, 2011.

Reasons

1. Basic facts

A. On October 27, 2009, the Plaintiff, the Defendant, the Southern Mine Construction Co., Ltd. (hereinafter “Seoul Mine Construction”), the Yang Yong Construction Co., Ltd., the Taeyoung Construction Co., Ltd., Hyundai MMco Co., Ltd., the Moyang Construction Co., Ltd., the Yangyang integrated Construction Co., Ltd., the Samjin Construction Co., Ltd., and the Cheongjin Construction Co., Ltd. were awarded contracts for the construction of 22 Section(s) of the Nakdongdong River Disaster Prevention Project from the Korea Water Resources Corporation (hereinafter “the instant construction”).

B. On June 4, 2010, the members of the instant joint contractors, including the Plaintiff and the Defendant, concluded a joint supply and demand agreement with the following contents for the operation of joint contractors:

(hereinafter referred to as the “instant agreement”). Part I General Provisions

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 necessary measures for the smooth implementation of the construction work until the rights and obligations of the ordering person of the construction work are completed.

(b) Members shall divide their shareholding ratio as follows and have powers and responsibilities subsequent thereto.

Plaintiff

48% Defendant 5% Funds and Accounting Management in Chapter 4

4. Demand and payment of funds;

(a) On-site funds shall be distributed from the representative to the amount of direct and indirect expenses compiled by a monthly input from each representative company in accordance with their respective equity ratio, so notified to each joint subcontractor, and the joint consignee shall confirm this and take measures to deposit the funds into the designated account within the date stipulated in the Convention so that the funds can be smoothly executed;

Article 7 (Accounting and Payment Date of Joint Contributions)

(c)the representative shall compile and settle the total cost of the cost of construction by item on a monthly basis, together with the monthly cost of construction by item, allocated by equity ratio as at the end of each month.

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