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(영문) 서울동부지방법원 2016.05.13 2015가합104648
분담금
Text

1. The Plaintiff’s primary claim against Defendant C Co., Ltd. and the Defendants’ conjunctive claim are all.

Reasons

1. Basic facts

(a) Construction work execution 1) A Co., Ltd. (hereinafter “Rehabilitation Co., Ltd.”).

(E) and E Co., Ltd. (hereinafter “E”);

(C) Defendant C is the joint contractors of this case (hereinafter referred to as “joint contractors of this case”).

On December 208, 2008, the Korea Highway Corporation established four sections from among the expressway F (hereinafter “instant works”).

(2) On December 2008, the instant contracting body concluded a basic agreement on the operation of the instant contracting body (hereinafter referred to as the “instant basic agreement”) with respect to the instant construction project (hereinafter referred to as the “instant contracting body”). Around December 2008, the instant contracting body agreed that the share ratio of the joint contracting body shall be 55%, 50%, 30%, and 315% (Article 2), the costs required for the instant construction project and the profits or losses incurred after the settlement of accounts shall be allocated or borne (Articles 7 and 9), and (3) the share of the withdrawing party shall be divided and acquired by the remaining members according to their respective share ratio (Article 11).

In addition, the "Steering Committee" was established for the smooth performance of the construction work, and the operating committee is composed of one executive officer and/or employee delegated with the authority by the representative director of each company, and the voting rights shall be in accordance with the equity ratio, and at least 2/3 of the members shall be effective when consent is given by at least 2/3 of the members, and the matters

(Article 8). 3 Article 3 of the Regulations of the Operating Committee of Joint Supply and Demand annexed to the Framework Agreement of this case provides that the resolution of the Operating Committee shall be made by the resolution of the Operating Committee;

2. The construction implementation budget and settlement of accounts;

3. Matters concerning the decision of estimate and contract management for the ordering person,

4.The procurement of material subcontracting contracts and equipment;

5. Organization and operation of the site;

6. Matters concerning the review and approval of amendments to the implementation budget;

7. The matters which members consider necessary to refer in particular to the Committee are defined as "........."

B. The rehabilitation company and the defendant C.

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