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1. The Defendant’s KRW 656 million to the Plaintiff, as well as 6% per annum from August 17, 2018 to November 9, 2018.
Reasons
1. Facts of recognition;
A. The Plaintiff is a juristic person established for the purpose of civil engineering, construction, facility works, and technical service business, and the Defendant is a non-profit incorporated foundation established by the Government and Busan Metropolitan City, etc. in collaboration and cooperation among enterprises, universities, research institutes, etc. in accordance with the Act on Special Cases concerning Support of Technoparks (hereinafter “Industrial Technology Complexes Act”) and the Ordinance on Support for theB Operation of Busan Metropolitan City.
B. On November 1, 2017, the Plaintiff and C, D, and E Co., Ltd. jointly concluded a service contract (hereinafter “instant service contract”) with the Defendant that the Plaintiff and each of the aforementioned companies jointly agreed to receive a contract amounting to KRW 656 million (including surtax) of the contract amount, and the main contents of the joint supply and demand agreement (e.g., the method of implementation) included in the said contract are as follows.
(1)The representative of the joint contractors shall be the plaintiff, and the representative shall represent the joint contractors and the third parties, and shall have the authority to represent the joint contractors and to manage the property of the joint contractors and to request for payment, etc. (Article II, III). (ii) Each member of the joint contractors shall be entitled to subcontract part of the joint contractors under his responsibility.
(Article 7). 3 The Guidelines for the Operation of Joint Contracts under Chapter VII of the Guidelines for the Bidding and Execution of Local Governments, which are established by the Ministry of Public Administration and Security.
7. Pursuant to the terms and conditions set out in the payment of the price, advance payment, payment of the price, etc. shall be paid to all the accounts of the Plaintiff, C, D, and E Co., Ltd. (Article 8. 4). Of design services, the amount of the machinery type among the design services shall be KRW 11,00,000,000 in total and KRW 33,000,000,000 in total (Article 9) (Article 9). D Co., Ltd has subcontracted to G Co., Ltd. the contract amount of 333,00,000,000 (including additional tax) of the machinery type among the design services (Article 8. 4).
(b).