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(영문) 대구지방법원 2019.09.05 2019나303368
공사대금
Text

1. The plaintiff's appeal and the defendant's incidental appeal are all dismissed.

2. Costs arising from an appeal and an incidental appeal shall be respectively.

Reasons

1. Basic facts

A. On June 22, 2009, the Plaintiff and the Defendant jointly supplied C Power Plant Site Construction Works (hereinafter “instant construction”) from Korea-dong Electric Power Plant Co., Ltd. with the construction cost of KRW 119,729,824,500.

B. On June 22, 2009, the Plaintiff and the Defendant agreed to operate a joint supply and demand organization with respect to the instant construction project, and entered into the following agreements (hereinafter “instant agreement”), and subsequently completed the instant construction project on May 30, 2014.

The members of a joint contractor under Article 2 (Partners) of the Joint Contract Operation Agreement (Written Agreement) shall be as follows:

1) Defendant: 65 per cent of the equity ratio of Plaintiff: 35 per cent of the equity ratio of Plaintiff

1. The representative of the joint contractors shall be the defendants;

Section 7 (Bearing of Costs by Members) Members shall jointly share the costs required for this project in accordance with their respective shares.

[Enforcement Rule] Chapter 2 Accounting and Accounting Section 6 (Claim for Advance Payment and Payment for completed portion against an owner)

1. All proceeds from construction works received from the ordering person following the performance of the construction works shall be claimed by the representative to the ordering person in accordance with the investment ratio of members, and members shall submit all necessary documents on the date requested by the representative; and

2.The progress payment and the advance payment shall be filed by the representative in accordance with the respective equity ratio, and the amount shall be received directly in each private account in principle.

Article 7 (Request for Joint Hospitalization)

1. The evidence of the cost of construction work, which has been generated during a month, shall be inserted in the name of the representative, and the representative shall be closed on the basis of the end of each month after consultation with the member companies, and shall be issued separately by classifying the specifications of the cost of construction work, and tax invoices, invoices and other receipts for them according to the equity ratio;

2. The representative of the Institute shall file a request with the Director by the tenth day of the following month, attaching the Director General to the Director General.

6.The cost of the construction project claimed pursuant to paragraph 2 of this Article shall be determined separately by the member companies until the due date for the payment of the contributions.

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