(영문) 인천지방법원부천지원 2016.01.29 2015가합1290

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 인천지방법원부천지원 2016.01.29 2015가합1290

공사대금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On March 30, 2009, the Plaintiff, the Defendant, the Defendant, and the Defendant Company C (hereinafter “C”) concluded a construction contract with respect to Jeju and Jeju Corporation (hereinafter “instant Corporation”) with the contract amount of KRW 22,53,115,00, and the construction period from April 6, 2009 to August 5, 2012. The said contract for construction works was subsequently changed several times thereafter and subsequently changed to the contract amount of KRW 24,214,154,00, and the construction period from April 6, 2009 to June 30, 2013.

(hereinafter referred to as the “instant contract,” both of the said contract for construction works. (B)

Upon entering into the instant contract, the Plaintiff, Defendant, and C submitted a joint supply and demand agreement with the Plaintiff, Defendant, and C with respect to the proposal that they will perform the instant construction works together with the Plaintiff, Defendant, and C, and that they will receive progress payment, completion payment, etc. according to their respective investment rates from the Jeju City (hereinafter referred to as the “instant agreement”). The specific content of the agreement is as follows:

Article 1 (Purpose) of the Joint Supply and Demand Agreement (Joint Implementation Method) provides for an agreement to jointly and severally carry on a business for the following construction projects by mobilization of the plaintiff, defendant, and C's financial and management, technical ability, personnel, equipment and materials.

Article 2 (Name of Joint Contractor, Location of Business Office and Representative shall be as follows:

1. Title: The plaintiff (hereinafter referred to as the "member of a joint contractor") Article 3 (Members of a joint contractor) (1) shall be as follows:

1. The defendant (hereinafter referred to as the "offender");

2. C (hereinafter referred to as "Omission") (2) The representative of a joint contractor shall be the plaintiff E.

(3) The representative shall represent the joint contractors and third parties, and have the authority to manage the property, request for payment, etc. of joint contractors.

Article 8 (Receipt, etc. of Consideration) Costs, etc. of joint contract construction works

유사 판례

-대전고등법원 2015.04.27 2014나11886

-울산지방법원 2018.01.12 2016가단5992

-서울고등법원 2016.06.30 2016나2012470

-서울고등법원 2017.01.17 2014나2006624

-서울중앙지방법원 2013.09.05 2012가합58338