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(영문) 수원지방법원 2018.05.09 2017가합26617
공사대금
Text

1. The Plaintiff:

A. Defendant Pacific Development Co., Ltd.: (a) KRW 166,761,102 and its amount from December 21, 2017 to May 9, 2018.

Reasons

Basic Facts

원고는 토공사업 등을, 피고 태평양개발 주식회사(이하 ‘피고 태평양’이라 한다)는 토목건축공사업 등을, 피고 신한종합건설 주식회사(이하 ‘피고 신한’이라 한다)는 토목건축공사업 등을, 피고 성현건설 주식회사(이하 ‘피고 성현’이라 한다)는 건설공사업 등을, 삼환기업 주식회사(이하 ‘삼환기업’이라 한다)는 토목 건축전기 기계 설비 공사업 등을 목적으로 하는 회사이다.

On May 14, 2014, the Defendants and the exchange company ordered the KRNA to “original-Jung Construction 11-3 Section 11-3 Section and other construction works,” which are ordered by the NA.

The main contents of the joint supply and demand agreement (joint implementation method) made between the Defendants and the exchange company are as follows:

II.The name of a joint contractors, the location of the place of business, and the representatives shall be as follows:

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

1. The new defendant;

2. Defendant Pacific Ocean;

3. The representative of the joint supply and demand organization shall be the third party exchange enterprise.

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

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. Exchange corporation: 60%;

2. The new defendant: 10%;

2. Defendant 20% of the Pacific Ocean

2. On April 8, 2015, the Plaintiff entered into a subcontract (hereinafter referred to as the “instant subcontract”) with a third party on setting a construction period of KRW 24,310,000 as the contract amount from April 8, 2015 to September 30, 2016 with respect to the construction of soil and structures (hereinafter “instant construction”) among the construction works ordered by the instant joint supply and demand organization, and from the Defendants, the Plaintiff entered into the said subcontract (hereinafter referred to as the “instant subcontract”).

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