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(영문) 울산지방법원 2018.01.12 2016가단5992
정산금
Text

1. The Defendant’s KRW 27,243,686 as well as 5% per annum from December 29, 2015 to January 12, 2018, respectively, to the Plaintiff.

Reasons

1. Facts of recognition;

A. The relationship 1) The Plaintiff is a corporation with the objective of soil construction business, reinforced concrete construction business, etc., and the Defendant is a corporation with the objective of civil engineering, construction work, and housing construction business. 2) On March 30, 2009, the Plaintiff entered into a contract with Jeju and the Defendant for construction work with the purpose of entering into a joint supply and demand agreement with the Defendant on April 21, 2010 with respect to “Ara District Urban Development Project Corporation (2 tools)” which was ordered at Jeju with the Defendant as joint beneficiaries of the contract amount of KRW 17,808,832,00,000, and the construction period of April 6, 2009 to August 5, 2012.

B. During the construction of the instant construction contract, the original and the Defendant entered into a construction contract with the Korea Electric Power Corporation on June 25, 2010 with respect to the construction of the Korea Electric Power Corporation and the Korea Electric Power Corporation within the housing site site (hereinafter “instant construction”). On June 25, 2010, Jeju-do companies as Jeju-do companies and owned an electric license (hereinafter “Sesung Electric Power”), and entered into a construction contract by a three-party joint implementation method.

C. On August 18, 2010, the Plaintiff, Defendant, and 3 members of the Ansan Electric Co-Supply Agreement entered into a joint supply and demand agreement on an internal basis, and the main contents are as follows.

Article 1 (Purpose)

1. Construction name: Ara District Urban Development Project (2 tools and civil engineering);

2. Contract amount: 1,056,615,000 (including VAT);

3. The name of the ordering person: Article 3 (Method of Executing Construction Works) (1) of the Jeju Special Branch of Korea Electric Power Corporation (the contents and area of the Corporation in the implementation of this Convention shall not be divided and implemented jointly by each company, but the scope of the joint implementation shall include not only a gold contract but

(2) The activities of a joint supply and demand organization shall be the joint investment, joint distribution, and joint responsibility in accordance with the respective shares of each company.

Article 4 (Representative of Business) (1) Creative Construction Co., Ltd. (hereinafter referred to as "representative") shall be made until the rights and duties of the ordering person are terminated.

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