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(영문) 서울중앙지방법원 2015.05.15 2014가합26632
안분금
Text

1. The Defendant shall pay to the Plaintiff KRW 566,236,846 and the interest rate of KRW 20% per annum from April 25, 2014 to the date of full payment.

Reasons

1. Circumstances leading to the dispute of this case;

A. On November 14, 2007, the Plaintiff and the Defendant, Hyundai Construction Co., Ltd., KSD Construction Co., Ltd., Dongyang Construction Co., Ltd., Namyang Construction Co., Ltd., Ltd., and Newcheon Construction Co., Ltd, constituted a joint supply and demand organization (hereinafter “instant joint supply and demand organization”), and was awarded a contract for the 3rd section construction from among the joint supply and demand organization construction works.

B. On April 2008, the members of the instant joint contractors entered into a joint contract operation agreement with the following terms (hereinafter “instant operation agreement”).

Part 1 Representative of the project under Article 3 of the General Regulations

1. The plaintiff represents its members until the project owner completes his/her obligations.

2. The representative shall have the authority to manage the property of a joint contractor and a claim for the payment of construction cost;

Article 4. Apportionment of Work by Joint Contractors

1. The equity ratio of each member in the composition of a joint supply and demand organization shall be as follows:

Plaintiff

: 25%, Defendant: 9% (the part of other members shall be omitted)

2. Each partner shall be allocated a profit and loss with funds invested in accordance with the equity ratio, and shall participate in the execution jointly;

Part IV Funds and Accounting Management Article 1 (Receipt and Withdrawal of Construction Proceeds)

1. The proceeds from construction works shall be collected by the representative after issuance of the tax invoice in accordance with the equity ratio of each company, and the proceeds from construction works shall be received in the form of passbook opened and received in the name of each company, and all kinds of bonds, advance payment performance guarantee, contract performance guarantee, and fees for performance guarantee shall not be included in the common cost after payment by each company;

3. In principle, the deposit of the contract price requested to the ordering office shall be made in the transaction passbook for each company in principle;

Article 2 Claim and Transfer of Funds

1. Joint inputs shall be claimed by the representative in the same manner as the payment terms of the representative by the fifth day of the following month after the selective execution, each of which shall be paid in cash to the representative, or in the same manner as the payment terms of the representative.

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