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(영문) 서울중앙지방법원 2016.10.06 2013가합29634
공동부담금
Text

1. The Defendant’s KRW 1,237,316,51 among the Plaintiff and KRW 3,742,636 among the Plaintiff, shall be KRW 310,907,504 from August 26, 2012.

Reasons

Facts of recognition

On October 27, 2009, the Plaintiff and the Defendant and the Taebu General Construction Co., Ltd., Taeju Construction Co., Ltd., Taeok Construction Co., Ltd., Yangyang Construction Co., Ltd., Yangyang Construction Co., Ltd., Yangyang Construction Co., Ltd., Yangyang Construction Co., Ltd., Ltd., Hyundai IMco Co., Ltd., Ltd., as the Plaintiff’s representative, constituted a joint supply and demand organization with the method of joint performance (hereinafter “joint supply and demand organization of this case”) and contracted for construction of 22 Section 2 of the “Songdong River Project” (hereinafter “instant construction”).

General Provisions of Chapter 1 of the Convention

3. Methods of executing construction works;

(b)The activities of the joint contractors shall be co-investment, co-ownership and co-ownership in accordance with their respective shares.

4. Representative of the project and the ratio of members; and

A. The Plaintiff shall represent the members of the ordering person and shall be responsible for all necessary measures for the smooth implementation of the construction work until the rights and obligations of the ordering person of the construction work are completed.

(b) Members shall divide their respective shares as follows and have the powers and responsibilities arising therefrom:

- Plaintiff: 48% - Defendant: 5% - (hereinafter omitted)

(c)The above agreement ratio shall be modified in accordance with the above agreement ratio when the contract value has been increased or decreased due to changes to the terms and conditions of the contract with the ordering person.

Part IV Funds and Accounting Management

4. Demand and payment of funds;

(a) On-site funds shall be distributed from the representative to the amount of direct and indirect expenses compiled by a monthly input from each representative company in accordance with their respective equity ratio, so notified to each joint subcontractor, and the joint consignee shall confirm this and take measures to deposit the funds into the designated account within the date stipulated in the Convention so that the funds can be smoothly executed;

7. Accounting and the timing for payment of joint contributions;

(c)the representative shall issue a tax invoice allocated by equity ratio as of the end of each month as of the fifth day of the following month, including by aggregating and settling the total cost of the cost of the construction by item on a monthly basis.

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