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(영문) 수원지방법원 안양지원 2017.01.13 2016가합641
공사대금
Text

1. The plaintiff's primary and conjunctive claims are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

가. 이 사건 공사도급계약 원고와 피고는 주식회사 엡스엔지니어링, 용두건설 주식회사와 공동수급체(이하 ‘이 사건 공동수급체’라 한다)를 구성하고, 2015. 2. 16. 한국토지주택공사로부터 「화성동탄(2) 제2고등학교 신축(건축)공사(이하 ‘이 사건 공사’라 한다

(A) concluded a contract for construction works with the content of jointly receiving a total construction cost of KRW 9,623,192,00,000.

(hereinafter “instant construction contract”). B.

On February 24, 2015, the instant joint supply and demand agreement entered into a joint supply and demand agreement (Evidence A 2; hereinafter “instant joint supply and demand agreement”) with the following main contents in order to consult on the matters necessary to perform the instant construction project:

Article 6 (Liability) Members of a joint contractor shall be responsible for the performance of obligations under the contract to the agency awarding the contract in accordance with the details of sharing.

Article 9 (Contents of Apportionment of Members) (1) Each partner's share and equity ratio shall be as follows:

Plaintiff: Building, civil engineering, machinery and equipment construction (70%, total 65.462%)

(b) Defendant: Building, civil engineering, machinery and equipment works (30%, total of 28.015%);

다. 주식회사 엡스엔지니어링: 기계소방공사(2.857%)

(d) Yongdu Construction Co., Ltd.: Each partner shall share the amount of common expenses, etc. incurred for the implementation of this Agreement, Article X (Sharing of Common Expenses) of the Landscape Project (3.626%) according to the ratio of the sharing amount.

Article 11 (Liability between Members) (1) Damage which a partner has inflicted on a third party in connection with the performance of sharing shall be borne by the partner concerned.

C. On the other hand, around February 26, 2015, the Plaintiff entered into a separate joint contract agreement with the Defendant (Evidence 1; hereinafter “instant separate agreement”) as follows.

Article 3 (Method of Performing Construction Works)

1. The plaintiff is delegated with all authority over the defendant's share in the contract.

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