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(영문) 서울남부지방법원 2015.09.03 2015가단7613
공사대금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 24,684,00 as well as the interest rate from March 7, 2015 to the day of full payment.

Reasons

1. Facts of recognition;

A. The Defendants constituted a joint venture (joint implementation method) which sets a share ratio at 51% of the construction cost of the construction cost of the building of the building of the building of the building of the building of the building of the North Korean office of education in Gyeonggi-do on April 10, 2014, and received a contract jointly from the Gyeonggi-do Office of Education during the construction period from April 15, 2014 to November 12, 2014.

(hereinafter “instant contract”). (b)

On August 28, 2014, the Plaintiff received a subcontract from the Defendants for the supply and installation of the materials installed in the above construction period of KRW 48,40,00,00 and the construction period from August 28, 2014 to November 12, 2014. In this case, the name of the Defendants is simply stated in the contract ordering column.

(hereinafter referred to as “instant subcontract”). C.

The Plaintiff completed the supply and installation of materials according to the above subcontracting contract, and received only KRW 23,716,00 from the Defendants.

【Defendant Appellant Construction: The fact that there is no dispute, Gap 1, Eul 2's each entry, the purport of the whole pleadings, and the development of the virtue-based industry: The confession.

2. Determination

A. As to the cause of the claim, a joint supply and demand company with one joint performance method basically has the nature of a partnership under the Civil Act, and in principle, members are jointly and severally liable in accordance with Article 57(1) of the Commercial Act if the partnership’s obligations are particularly incurred as a commercial activity for all the partners

Provided, That in the case where the joint contractors agree that each member of the joint contractors who is not the joint contractors shall be liable for the obligation to the subcontractors directly according to the ratio of their shares in the subcontract, the obligation to be borne by the members of the joint contractors in accordance with the contents of the subcontract shall be borne by each member of the joint contractors in proportion

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