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(영문) 광주지방법원 2017.02.08 2015가단500885
공사대금
Text

1. As to KRW 92,816,058 among the Plaintiff (Counterclaim Defendant) and its KRW 72,640,054 among the Plaintiff (Counterclaim Defendant), the Defendant (Counterclaim Plaintiff) shall have the effect on January 26, 2015.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of premise;

A. On November 25, 2008, the Plaintiff (former Seoul Special Metropolitan City) and the Defendant (Gu C&W Co., Ltd.) jointly contracted a project A from the Seo-gu Busan Metropolitan City, which entered into a joint operation agreement on January 25, 2009.

The main contents of the joint operation agreement are as follows:

Part 1 Responsibilities of members of Part 3 of the General Regulations

1. Contract amount: 4,492,379,002) Plaintiff: 51% of landscaping; 49%;

2. The contract amount shall be modified according to the supply and demand ratio of each company in the event of a change in the final contract amount due to a subsequent modification of a design, and the ratio of supply and demand means the ratio of landscaping to the total contract amount;

Article 7 Field Surveyors

1. On-site organization members shall be employed as technicians capable of carrying out the field work, and the composition of personnel shall be three (the Director, the Director, and the Corporation).

The head of the on-site and the official duties of the Corporation shall be employed by the Corporation from the "B" company (Defendant) and shall be comprised of on-site investigators.

2. The payment of personnel salaries shall be made by the Director of the Field and the Official Fees for the Official Fees for the Official Fees for the Company A, by the Corporation for the Employment of “B” and directly paid/managed from each Company, and by each Company for 50 per cent, including all expenses.

3. The number of persons additionally required at the site shall be employed and operated on the site by consultation with each company, and the salary (including the retirement allowance) and various expenses incurred therein shall be paid in accordance with the equity ratio of each company, and shall be treated in accordance with Chapter II Funds and Article 3.

Part II Funds and Accounting Claim for Construction Costs under Article 1 and Claim for Construction Costs (Advanced Payment, progress payment, completion money) of the Construction Project received shall be jointly collected necessary data, and the construction cost shall be deposited into the account of each company.

Article 2 Claim and Financing of Corporation Funds

1. On-site regular funds (on-site deposits and requests for funds) shall be collected by the representative on-site by means of a distribution format and then the representative on-site.

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