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1. The Defendant shall pay to the Plaintiff KRW 379,663,193 and the interest rate of KRW 15% per annum from October 6, 2018 to the date of full payment.
Reasons
1. Basic facts
A. On June 15, 2017, the Plaintiff, the Defendant, and C Co., Ltd. constituted a joint supply and demand organization representing the Plaintiff (hereinafter “instant joint supply and demand organization”) and entered into a contract for construction works with the Gangwon Local Government Procurement Service (Committee D) for the total construction cost of the instant construction project (hereinafter “instant construction project”). From June 16, 2017 to August 9, 2018, the Plaintiff, the Defendant, and the C Co., Ltd entered into a contract for construction works by setting the total construction cost of the instant construction project (hereinafter “instant construction project”).
B. Around that time, the Plaintiff entered into a joint supply and demand operation agreement with the Defendant, C Co., Ltd. for the operation of the instant joint supply and demand organization (hereinafter “instant operation agreement”), and the main contents are as follows.
Gong Article 2 (Members of Joint Contractor and Investment Ratio), Article 2 (%) the ratio of the company name representative director, 50% of the plaintiff G 30% of the defendant G 30% of the defendant G 20% of the Gong20% of the Gong 3 (Representative)
1. The representative of the joint contractors shall be the plaintiff.
2. The representative shall represent the joint supply and demand contractors with respect to Article 3(3) of the Joint Supply and Demand Agreement, have the authority to manage the property on behalf of the joint supply and demand contractors, such as a request for payment, receipt of payment, and each member shall jointly delegate to the representative for all acts related to the project, such as subcontract, supply contracts of materials, supervisory agencies
Article 7 (Investment Ratio) Members shall invest in accordance with the ratio of construction prescribed in the joint contract.
Article 17 (Apportionment of Expenses and Tax Affairs)
1.All expenses incurred in the implementation of this Convention shall be borne by members in accordance with the ratio of their investment.
2. Accounting-related affairs, such as apportionment of expenses and cost transfer, shall be determined by the accounting management regulations in Chapter III;
Article 34 (Request for Construction Allotted Charges)
1. The Representative shall prepare a document claiming the following division of construction works and shall transmit it to the Members 10th of the following month:
(1) Detailed statement of the claim for the amount of common input expenses. (2) A statement of the method of calculating the common input expenses. (3) A tax invoice of the common input expenses.