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(영문) 서울중앙지방법원 2016.07.07 2015가합536020
공사대금
Text

1. The Defendant’s KRW 6,328,279,750 for the Plaintiff and KRW 20% per annum from July 3, 2015 to September 30, 2015 for the Plaintiff.

Reasons

1. Basic facts

A. On January 2011, the Plaintiff concluded a contract for construction works (hereinafter referred to as “instant contract”) with the Korea Land and Housing Corporation at the contract price of 412,911,381,00 won, and the construction work for the facilities prior to the third special joint venture of the Public Demand (hereinafter referred to as “the instant construction work”) with the two construction companies (hereinafter referred to as “dusan Construction”), the wall construction company (hereinafter referred to as “dusan Construction”), the Pacific Development Co., Ltd. (hereinafter referred to as “Pacific Development”), the Pacific Development Co., Ltd. (hereinafter referred to as “M General”) and the IM Construction Co., Ltd. (hereinafter referred to as “instant joint venture”).

After March 6, 2015, the instant contract was changed to the contract price of KRW 481,059,641,000.

B. Around December 2012, the Plaintiff, Dusan Construction, Pacific Development, and IM General Construction drafted a joint supply and demand operation agreement (hereinafter “instant joint supply and demand operation agreement”) with the content of the instant joint supply and demand operation agreement. Of the instant joint supply and demand operation agreement, the contents relating to the instant case are as follows, and the Plaintiff is the representative company of the instant joint supply and demand agreement.

Section 3 of the General Provisions of Chapter 1 of the Joint Supply and Demand Operating Agreement (the division of work of a joint contractor)

1.Members shall have the following shares in the execution of the Project:

1) Treatment Construction Co., Ltd.: 50% 2) 2. 30% 30% 3) Pacific Construction Co., Ltd.: 10% 4) 5% 5% 5% IM Construction Co., Ltd.: 5%

2.In relation to the investment of funds and the distribution of profits and losses, the members shall, in principle, be apportioned or apportioned in proportion to their shares, and in the performance of construction works jointly, be responsible in proportion to their shares in respect of performance of contractual obligations to the project owner, and also be responsible for sewage suppliers, suppliers and equipment suppliers.

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