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(영문) 수원지방법원 안양지원 2018.10.11 2017가단9327
하자보수분담금
Text

1. As to KRW 41,235,052 and KRW 11,949,485 among the Plaintiff, the Defendant shall pay to the Plaintiff KRW 41,235,052, and KRW 29,285,567.

Reasons

1. Around August 2004, the Plaintiff, the Defendant, the Sammi Construction Co., Ltd., the Shinyang Construction Co., Ltd., the Pyeongtaek integrated Construction Co., Ltd. drafted a construction contract operation agreement with the purport that the above companies will organize a joint supply and demand organization with the phase 325 sections of the Busan subway Co., Ltd. (hereinafter “instant construction”) under the joint performance method and will perform the construction work upon receiving a contract from the Busan Urban Transport Corporation.

The main contents of the above Convention are as follows:

Article 1 (Purpose) of the General Agreement on the Management of Joint Contract in Chapter I of the Agreement on the Management of Joint Contract, in order to facilitate the execution of construction works in joint construction works by mobilization of joint contractors, financial, technical and technical capacity, personnel and equipment for the following projects, the Convention provides for necessary adjustment and detailed agreements for the implementation of the "Standard Agreement on Joint Supply and Demand".

The name of the Corporation: Contract amount for the construction work of the 3rd phase 2nd phase 325 construction works of the Busan subway Line 3: the order office: the daily gold, 00,000 won,00 won,00 won,00 won,000 won,000: the construction period of the Busan Urban Transit Authority: from April 12, 2004 to September 18, 2008

1. Members of a joint contractor (hereinafter referred to as “members”) and their respective shares are as follows:

Plaintiff

: 70.0% Ac-si Construction: 12.0% Defendant: 10.0% Ac-si Construction: 5.0% Ac-si Construction Co., Ltd. : 3.0%

2. The representative of a partner shall be the representative of the plaintiff;

Article 5 (Responsibility)

1. Members shall be jointly and severally liable to the ordering person for all the contractual duties according to the ratio of shares of the members;

2. The responsibility of the operating committee for the subcontractor, supplier, third party, etc. of the constituent body shall be jointly and severally liable;

3. Each member shall not inflict any injury on others during the performance of his/her duties and shall be fully responsible for the company which has inflicted any injury on another member by intention or negligence.

VI.(Contribution Ratio)

1. Members shall be:

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