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(영문) 서울중앙지방법원 2018.08.22 2017가합503871
정산금 청구의 소
Text

1. The Defendant’s KRW 61,238,735 as well as the Plaintiff’s KRW 61% per annum from February 4, 2017 to August 22, 2018.

Reasons

1. Basic facts

A. On May 30, 2008, the Plaintiff, the Defendant, and the Musan Construction Co., Ltd. (hereinafter “Co., Ltd.”) concluded a joint supply and demand organization with the representative company of the Plaintiff (hereinafter “Co., Ltd.”) with the amount of 98,750,00,000,000 won in total construction cost, and the construction cost of the Seoul Urban Railroad Co., Ltd. (hereinafter “instant construction”) ordered on May 30, 2008 by the Public Procurement Service for the construction cost of the Seoul Urban Railroad Co., Ltd. (hereinafter “Co., Ltd.”) to be “the total construction cost of 98,750,00,000,000 won” and “from June 2, 2008 to December 31, 2008.”

The above construction contract was finally amended to “11,103,00,000 won of the total construction amount” and “from June 2, 2008 to December 31, 2014,” respectively.

B. On May 2010, the Plaintiff, the Defendant, and the Musan Construction entered into a joint supply and demand agreement with the following contents, and set up a joint supply and demand operation agreement, on-site management rules, etc. as its subordinate regulations.

Article 1 (Purpose) of the Agreement on the Operation of Joint Supply and Demand (Joint Implementation Method) provides that the following projects shall be carried out jointly and severally in order to facilitate the smooth implementation of plans, bidding construction, etc. for construction works, goods, or services by mobilization of the plaintiffs, walls construction, financial management and technical capabilities, and equipment and materials.

Name of Construction: Article 2 (Partners and Shares of Shares) of the Construction Works in the Stage 9, Seoul subway Line 9, 917.

1. The members and shares of the joint contractors shall be as follows:

① Plaintiff, 60% of equity ratio, ② 20% of equity ratio, ③ Defendant, and 20% of equity ratio.

2. The representative of the consortium shall be the Plaintiff (hereinafter referred to as “representative”).

3. The responsibility and authority of the joint contractors shall be based on the ratio of contribution.

Article 3 (Power of Representative) The representative of a joint supply and demand organization shall have the following authority:

1. Authority to negotiate with the ordering person, the Office of Supervision, etc.; 2. Authority to represent the execution of the Project; 3. Management of the property belonging to the Joint Contractor.

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