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(영문) 서울서부지방법원 2017.09.21 2017가합31074
원가분담금 청구의 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The facts under the basis of facts may be found either in dispute between the parties or in full view of the statements in Gap evidence Nos. 1, 2, and 1 and the testimony in Gap evidence and Eul as a whole.

The plaintiff is the representative of a joint contractor who has participated in the construction work of the base moving facility project for the military base relocation project and the construction work of the support facility for the transport of the base (hereinafter referred to as the "construction work of this case") ordered by the Korea Land and Housing Corporation to move the military base of this case to Pyeongtaek-si, and the defendant is the member of a joint contractor who has participated in the construction of this case together with

B. On January 30, 2013, the Plaintiff drafted a written agreement with the Defendant on the business that the representative subcontractor agrees to compensate for the portion of the construction cost (hereinafter “instant agreement”) in the performance of the joint supply and demand project, with the purport that the representative subcontractor does not claim for the share of the construction cost even if the construction cost exceeding the contract amount is incurred in the process of performing the joint supply and demand project, to participate in the tender by organizing a joint supply and demand organization with respect to the construction of the office building for the institution located prior to the National Tax Service of Jeju Innovation City (hereinafter “instant agreement”).

C. On May 19, 2014, the Plaintiff concluded the instant construction contract with the Korea Land and Housing Corporation on the following grounds: (a) the joint supply and demand organization was formed with Defendant, Hansung Construction Co., Ltd; (b) Han C&T Co., Ltd.; and (c) the Korea Land and Housing Corporation.

Since then, on March 19, 2015, the members of the joint supply and demand organization agreed on the representative of the joint supply and demand organization, members of the joint supply and demand organization, the ratio of investment, distribution of profits and losses, sharing of expenses, etc. (hereinafter “instant joint supply and demand agreement”), and the contents of the instant joint supply and demand agreement relating to the instant case are as follows.

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