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(영문) 서울고등법원 2016.05.24 2013나2019739
정산금
Text

1.The judgment of the first instance shall be modified as follows:

The defendant shall pay to the plaintiff KRW 973,774,868 as well as on November 2010.

Reasons

1. Basic facts

A. On June 18, 2003, the Korea Land and Housing Corporation Co., Ltd. (hereinafter “Seoul Land & Housing Corporation”) and the Defendant, as joint contractors, contracted the Korea Land and Housing Corporation to create a site and construct urban infrastructure (hereinafter “instant construction”) from the Korea Land and Housing Corporation as joint contractors.

B. On July 1, 2003, Gyeongnam Enterprises and the Defendant’s Joint Implementation Management Convention 1) determine the investment ratio of the Defendant and the instant construction on July 1, 2003 to be 52% of the Gyeongnam Enterprises and 48% of the Defendant, and the Joint Implementation Management Agreement with the Gyeongnam Enterprises as the representative of the joint supply and demand organization (hereinafter “instant Joint Implementation Agreement”), and the joint supply and demand organization consisting of the Gyeongnam Enterprises and the Defendant as the joint supply and demand organization.

(2) The co-agreement was concluded. (2) The execution of the funds of the instant co-owners shall be executed in the name of the re-owned enterprise for business convenience (Article 17 Section 1 of the above co-ownership agreement), and all evidence arising from the purchase of materials at the site, the operation of human resources, the operation of equipment, the subcontract consideration, the execution of expenses, etc. shall be issued and delivered in the name of the re-owned enterprise for convenience, and shall be settled at the end of each month (Article 19 Section 1 of the above co-ownership agreement) as of the end of each month (Article 19 of the above co-ownership agreement). An operating committee shall be established to consult

(Article 6 and Article 9 of the above Joint Convention) is prescribed.

3) In relation to the settlement of joint construction costs incurred in the course of performing the instant construction project, the Gyeongnam Company and the Defendant organized the cost of construction cost, etc. invested for one month as of the end of each month, and if the Gyeongnam Company claims the Defendant to pay the amount of settlement of the cost of joint construction cost equivalent to 48% of the Defendant’s share ratio by the 10th day of the following month, the Defendant agreed to pay the pertinent amount of settlement to the Gyeongnam Company by the 24th day of the same month (Article 16(2)(2) of the Joint

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