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(영문) 광주지방법원 2014.11.20 2013가합55852
공동원가분담금청구의 소
Text

1. As to KRW 660,018,874 and its KRW 511,909,398 among the Plaintiff, the Defendant shall pay to the Plaintiff KRW 30,580,00.

Reasons

1. Basic facts

A. On November 13, 2007, the Plaintiff entered into an order for the first construction project and the joint supply and demand agreement of the instant case (1) with Korea Development Co., Ltd. (hereinafter “Korea Development Co., Ltd.”), the wall construction Co., Ltd. (hereinafter “Seoul Jin Construction”), the Namjin Construction Co., Ltd. (hereinafter “Seoul Jin Construction”) and the Defendant, jointly with the Defendant, as the contract amount (hereinafter “the instant first construction project”) for the construction project “the construction project for the access road to the National Agricultural and Fishing Villages (hereinafter “the instant construction project”) ordered on November 13, 2007, the contract amount (the total construction amount) was 63,621,000,000 won, and the construction period was changed from November 15, 2007 to October 19, 2012 (the final contract period was changed from October 31, 2013 to October 19, 2012).

(2) After that, on July 2008, the Plaintiff and the Defendant entered into a joint supply and demand agreement for the execution of the instant 1 construction project (hereinafter “the instant joint supply and demand agreement”) by constituting a joint supply and demand agreement (hereinafter “joint supply and demand agreement”) with the Plaintiff, and the parts relating to the instant joint supply and demand agreement are as follows.

Article 3 (Representative of Business) (1) The plaintiff shall represent its members until the performance of duties to the project owner is completed.

Article 4 (Liability of Joint Contractor) (1) The ratio of shares held by each member in the composition of Joint Contractor shall be as follows:

1. Plaintiff 36%

2. Consideration and development 19%

3. 18% of wall construction;

4. Southern Construction 17%;

5. Defendant 10% (2) Each partner shall input the cost, receive a distribution of the progress payment, and participate in the execution jointly.

(3) Members shall be jointly and severally liable for the performance of contractual obligations to the project owner.

In addition, it shall be responsible for sewage-based businesses according to their respective shares, and the representative shall seek cooperation from the members after entering into a subcontract agreement, and the members shall submit a written consent for subcontract to the representative company to perform the subcontract-related business without difficulties.

(4)

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