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(영문) 부산지방법원동부지원 2019.04.24 2018가단204222
원가분담금
Text

1. The Defendant’s KRW 152,356,826 and its weight to the Plaintiff:

A. From March 13, 2018 to March 21, 2018, KRW 144,278,402

Reasons

1. Basic facts

A. On December 10, 2015, the Plaintiff and the Defendant organized a joint supply and demand organization with the representative company of the Plaintiff (hereinafter referred to as “joint supply and demand organization of this case”). From the Busan Regional Government Procurement Office, the construction work ordered by the Postal Services Agency of the Ministry of Science, ICT and Future Planning (hereinafter referred to as “instant construction work”) to KRW 6,902,674,000 for the construction cost (hereinafter referred to as “instant construction work”) and the construction cost for the construction work ordered by the Postal Services Agency of the Ministry of Science, ICT and Future Planning (hereinafter referred to as “instant construction work”) was changed to KRW 7,094,639,000 for the construction period from December 15, 2015 to September 24, 2

B. On February 2016, the Plaintiff and the Defendant entered into a joint supply and demand operation agreement (hereinafter “instant agreement”) to determine matters necessary to perform the instant construction work, and the main contents thereof are as follows.

Article 3 (Sharing of Affairs by Joint Contract Enterprise)

1.Members shall have the following shares in the execution of the Project:

1) Plaintiff: 51% for Defendant: 49%

2.In the distribution of contributions to, and profits and losses from, the funds, members shall be apportioned or apportioned in accordance with their shareholding ratio, in principle, in the execution of construction works, and shall be jointly responsible for the performance of contractual obligations to the project owner, in accordance with their shareholding ratio, and shall also be liable for sewage suppliers, suppliers, and equipment suppliers in accordance with their shareholding ratio.

Article 2 (Request for and Transfer of Funds to Chapter 8 and Accounting Management)

1. Demand for funds in the ordinary month and the guidance therefor;

(a) Foreign cost: A collaborative company shall make a collective claim for flagity in the future of the representative company in accordance with the terms and conditions of direct payment in the ordering entity and payment in advance (Labor Cost-1/000 per month) and the representative shall include the common cost in the share of the members by the 10th of the following month, and the members so requested shall be transferred by the 20th of the following month to the members so requested;

(b) The cost of materials and equipment: It shall be disposed of in the same manner as the cost of outsourcing;

(c) Reserve funds (management expenses and advance payment): The common expenses of the monthly management expenses shall be the same as the external expenses.

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