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(영문) 서울중앙지방법원 2018.05.30 2015가합7737
공동도급공사에따른공동분담금
Text

1. As to KRW 1,401,533,238 and KRW 1,050,815,769 among the Plaintiff, the Defendant shall start from February 12, 2015 to May 30, 2018.

Reasons

1. Basic facts

A. The Plaintiff and the Defendant, KS Construction Co., Ltd., building company, border construction company, chip integrated construction company, chip construction company, nuclear mining construction company, and uniform construction company constitute a joint supply and demand organization with the Plaintiff’s representative (hereinafter “instant joint supply and demand organization”) in order to supply and demand construction works for the Incheon Asian Games (hereinafter “instant construction works”) from Incheon Metropolitan City. The Ministry of Strategy and Finance prepared a standard agreement on joint supply and demand (hereinafter “the instant standard agreement”) based on the following forms (Evidence No. 40) prescribed in the Guidelines for the Operation of the Rules on Joint Contracts at the Ministry of Strategy and Finance, and submitted a written application for participation in the Incheon Metropolitan City around April 201.

Article 3 (Members of Joint Contractor) (1) Members of Joint Contractor shall be as follows:

1. Company (the representative): (2) The representative of a joint supply and demand organization shall be the representative;

(3) The representative shall represent the project owner and a third party, and shall have the authority to manage the property of the joint contractors, request for the payment thereof, etc.

Article 9 (Ratio of Investment by Members) (1) The ratio of investment by a joint supply and demand company shall be determined as follows:

1. In cases where any profit or loss is incurred after implementing a contract under Article 10 (Distribution of Profit and Loss) by a%, the profit or loss shall be apportioned or shared at the ratio prescribed in Article 9;

Article 13 (Liability for Warranty of Defects) If any defect occurs in the construction work concerned after the joint contractors are dissolved, joint contractors shall be jointly and severally liable.

Article 14 (Operating Committee) (1) A joint contractor shall establish a steering committee consisting of members of a joint contractors to consult on all matters concerning the execution of contracts.

B. The Plaintiff, on June 5, 201, on behalf of the instant joint contractors, such as the conclusion of joint agreements and the claim for the share of common costs.

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