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1. The defendant,
A. The Plaintiff KRW 19,397,100 and the Plaintiff’s annual rate from March 23, 2017 to August 9, 2018.
Reasons
The main lawsuit and the lawsuit of independent party intervention shall be considered together.
1. Basic facts
A. The party status of the defendant is the original contractor of the DD AD Factory New Construction Project ordered by D D Co., Ltd. (hereinafter “E”), and E Co., Ltd. (hereinafter “E”) is an independent party intervenor (hereinafter “participating”) engaging in the construction business of electric facilities, and an independent party intervenor (hereinafter “E”), respectively.
B. Article 1 / [Purpose] Preparation of the Joint Supply and Demand Agreement between the Defendant and the Intervenor / This Agreement stipulates that E and the Intervenor jointly carry on the business of electricity and fire fighting among the DD-based Factory Construction Works ordered by B by mobilization of financial, management, technical capability, personnel and machinery (hereinafter collectively referred to as the “instant construction”). The term “the instant electrical construction” is referred only to as “the instant electrical construction,” and the term “the instant fire fighting construction” is referred only to as “the instant fire fighting construction”).
Article 3 (Members of Joint Contractor) (1) Members of Joint Contractor shall be as follows:
1. E;
2. The participants (2) The representatives of joint contractors shall be E.
(3) The representative of a joint contractor shall represent the joint contractor to the project owner, and shall have the authority to manage the property of the joint contractor, to request for the payment, etc.
Article 6 [Liability] Members of a joint supply and demand organization shall be liable for the performance of their contractual obligations to the ordering person in accordance with the terms and conditions of sharing.
Article 8 (Transaction Account) The advance payment, consideration, etc. shall be paid to the representatives of joint contractors.
Article 9 [Matters to be shared by Members] (1) Each partner shall determine the following matters:
1. Electrical construction: E;
2. Fire Fighting Corporation: Each partner shall bear the common expenses, etc. incurred in performing this contract under Article 10 (Liability for Joint Expenses) according to the ratio of the amount to be shared;
Article 11 [Liability between Members] (1) Damage which a member has inflicted on a third party in connection with the performance of sharing shall be borne by the member concerned.
E and Intervenors are as follows on April 4, 2016.