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(영문) 창원지방법원진주지원 2016.10.19 2015가합10380
공사대금
Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On September 22, 2009, the Defendants and other construction companies (hereinafter referred to as “other construction”) concluded a construction contract (hereinafter referred to as the “construction contract in this case”) with a joint contractor (representative contractor: hereinafter referred to as “joint contractor in this case”) with the Republic of Korea (competent in Busan Regional Land Management Office), with the content that the total construction amount of D 23,813,348,000 won for the instant construction work (hereinafter referred to as “the instant construction work”) was as of September 30, 209, and September 28, 2012 as of the date of completion of the construction. On the same day, the said construction industry jointly and severally guaranteed all the obligations under the construction contract in this case against the Republic of Korea of Korea of the joint contractor in this case. The inside share of the joint contractor in this case was 40% for the instant construction, Defendant Geum River Industry Co., Ltd. (hereinafter referred to as “Defendant Geum River”) and Defendant C40% for the instant construction work.

B. Around that time, the Defendants and the construction works drafted an operating agreement on the instant construction project (hereinafter “instant operating agreement”). The main contents of the instant operating agreement are as follows.

Part II General Provisions Article 3 (Representative of Joint Supply and Demand Company) (1) The representative of Joint Supply and Demand Company shall be the construction in a contract.

(2) The representative shall represent the joint contractor, have the authority to manage the property of the joint contractor, such as claiming for the price, receiving it, and shall supervise the Steering Committee in the affairs of the formulation of a work plan necessary for the completion of the objects of construction, decision on the method of execution, processing of administrative affairs, quality control, contract management, etc.

Article 6 (Liability and Obligations) (1) Members of a joint contractor shall be jointly and severally liable to the project owner, subcontractor, supplier, etc. of the main contractor.

Article 15 (Liability to Third Parties) Where liability for damages has occurred to a third party due to a joint supply and demand organization, each contract shall compensate in accordance with the ratio of investment as provided in paragraph (1) of Article 7.

Chapter 5. Guidelines for the management of construction work

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