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(영문) 광주지방법원 2017.06.13 2016가단525768
공사대금
Text

1. The Defendant’s KRW 155,315,487 as well as the Plaintiff’s annual rate of 5% from October 21, 2016 to June 13, 2017.

Reasons

1. Basic facts

A. On August 18, 2016, the Defendant organized a joint supply and demand organization (hereinafter “instant joint supply and demand organization”) with C Co., Ltd. (hereinafter “C”) by means of joint performance (hereinafter “instant joint supply and demand organization”). From Gwangju Metropolitan City, the E Co., Ltd. (hereinafter “instant construction”) received a total contract amount of KRW 736,129,90 (= KRW 367,125,000) from April 22, 2015 to June 4, 2016 with the construction period of the E Co., Ltd. (hereinafter “instant joint supply and demand organization”).

B. On April 2, 2015, the Defendant and C entered into a joint supply and demand standard agreement (hereinafter “instant agreement”) for the formation of the instant joint supply and demand agreement, and the main contents are as follows.

Article 1(Purpose)This Agreement provides for an agreement between C and the defendant to jointly and severally carry on a project for planning, tendering, construction work, etc. with respect to construction works, goods, or services by mobilization of financial, managerial, and technical capabilities, personnel, and equipment and materials for the following projects:

1. Project name: E corporation;

2. Contract amount: 736,129,990 won;

3. Name of the project owner: The name of a joint supply and demand company under Article 2 of the Gwangju Metropolitan City, the location of the place of business, and the representative shall be as follows:

1. Title: Article 3 (Members of Joint Supply and Demand Organization) (1) Members of Joint Supply and Demand Organization shall be as follows:

1. C (Representative: F);

2. The defendant (representative: G) (2) The representative of a joint supply and demand organization shall be C.

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

No member of a joint contractor shall subcontract part of the share of expenses without obtaining the consent of other members.

Article 9 (Ratio of Investment by Members) (1) The ratio of investment by a joint supply and demand company shall be determined as follows:

1. C: 51%;

2. Defendant: 49%;

C. C around April 22, 2015, the instant subcontract was drafted around June 2015, when the instant construction was in progress.

The Plaintiff and the instant construction work.

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