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(영문) 수원지방법원 2019.06.05 2018가합26362
구상금
Text

1. The Defendant’s KRW 214,649,855 among the Plaintiff and KRW 52,840,00 among the Plaintiff, shall be KRW 42,915,00 from July 17, 2014, and KRW 42,915,00.

Reasons

1. The plaintiff is a company engaged in civil engineering and construction, etc., and the defendant is a company engaged in civil engineering and construction, road packaging business, etc.

In 2006, the Plaintiff, Defendant C, D, and E (hereinafter collectively referred to as “Nonindicted Company”) entered into a joint supply and demand agreement (the joint supply and demand agreement (the joint performance method) with a representative of the joint supply and demand organization (hereinafter referred to as “instant construction”) which was ordered by the Environmental Management Corporation by constituting a joint supply and demand organization (hereinafter referred to as “the instant construction”).

(hereinafter referred to as “the instant joint supply and demand agreement”. The relevant provisions of the instant joint supply and demand standard agreement are as follows.

Article 7 (Liability for Performance of Contract to Project Owner) Members of a joint contractor shall be jointly and severally liable for the performance of contractual obligations to the project owner.

Article 13 (Liability for Warranty of Defects) If any defects have occurred in the construction work concerned after the joint contractors are dissolved, joint contractors shall be jointly and severally liable.

Article 14 (Exercise of Right to Indemnity) Members of a joint contractors may exercise their right to indemnity against any loss incurred by the performance of joint liabilities due to any cause attributable to other members pursuant to this Agreement.

After that, the Plaintiff, the Defendant, and the Nonparty Company received the instant construction from the Environmental Management Corporation on September 20, 2006 by determining the contract price of KRW 150,540,000,000 and the construction period from September 26, 2006 to September 25, 2010.

After that, the contract price was changed from September 26, 2006 to July 31, 2012 by the contract price of KRW 190,49,00,000, and the construction period was changed by several changes.

The plaintiff, the defendant, and the non-party companies enter into a division agreement of the construction section (hereinafter "instant division agreement") around September 15, 2008, and are responsible and constructed for each of them in the instant construction project, and the design change, rental, increase and decrease in the construction cost incurred in the assigned section.

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