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(영문) 서울서부지방법원 2017.04.27 2014가합37859
공동원가분담금 청구의 소
Text

1. The Defendant’s KRW 422,226 as well as the Plaintiff’s annual rate of KRW 6% from February 19, 2016 to April 27, 2017.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company that aims at the business of civil engineering, construction and industrial equipment, and electricity, communications, machinery and equipment, fire-fighting systems, interior decoration facilities, etc., and the Defendant is a company established for the purpose of civil engineering, construction work, etc.

B. On December 21, 2011, the Plaintiff, the Defendant (the trade name before the change: E), the Alternative Construction Co., Ltd. (hereinafter referred to as the “FFT”) and the Korea Forest Construction Co., Ltd. (hereinafter referred to as the “FFT”) constituted a joint supply and demand organization (hereinafter referred to as the “joint supply and demand organization”) with the representative of the Plaintiff, and was awarded a contract on December 15, 201 by setting the construction cost of “construction for public-private partnership facilities in the Army, Military, Military, Military, and Military Installations (hereinafter referred to as the “instant construction”) KRW 91.91.1.6 billion (including value-added tax), the scheduled date of the commencement of the construction period, and the scheduled date of completion of the completion of the construction period on February 15, 2012.

C. On December 21, 201, the members of the instant joint contractors, including the Plaintiff and the Defendant, entered into a joint contract execution agreement (hereinafter “instant agreement”) to determine matters necessary for the joint execution of the instant construction work. The main contents are as follows.

Article 1(1)(1) of the Convention provides for a joint supply and demand agreement (joint implementation method) attached at the time of entering into a contract with the Plaintiff and four joint contractors to implement construction works for military base facilities projects in the Army, the Convention provides for adjustment and detailed agreements with each other for the successful implementation of the project, and each other shall enter into a joint supply and demand agreement and prepare and affix a signature and seal in four originals of the agreement as evidence and keep one copy of the agreement:

1. Project name: Construction work for facilities for private investment in the Army, the military base, and the military base;

2. Contract amount: 83,56,000,000 won, and surcharges; and

3. Captain: A corporation in the traditional Korean-style barracks; and

4. Order-making agencies: Ministry of National Defense;

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