(영문) 서울고등법원 2017.12.07 2017나2023798

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(영문) 서울고등법원 2017.12.07 2017나2023798

공사원가분담금 청구의 소

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1. Of the judgment of the court of first instance, the part against the defendant exceeding the money ordered to be paid below shall be revoked.

Reasons

1. Basic facts

A. On November 19, 2010, the plaintiff and the defendant were awarded a contract for construction works related to the project to improve the water purification plant in Ulsan-gun, Ulsan-gun, Ulsan-gun, Ulsan-do (hereinafter "Demand Agency") by organizing a joint supply and demand organization representing the plaintiff as the representative of the plaintiff (hereinafter "joint supply and demand organization in this case").

(b) Conclusion, etc. of the Framework Agreement on Joint Supply and Demand (the Agreement on Joint Supply and Demand) (2) Members of the Joint Supply and Demand Organization and their shares shall be as follows:

1. Plaintiff 48.5% (Amount omitted), Defendant 51.5% (Amount omitted) (Amount omitted) (the content of joint implementation: the engineering work business) (3) Members for joint implementation and their shares are as follows:

1. Plaintiff 100% (amount omitted) (Article 100% (construction works and specialized fire fighting works) (4) The total equity ratio of the instant construction works shall be as follows:

1. Plaintiff 50.86% (amount omitted)

2. Defendant 49.14% (Amount omitted) (1) Of the members, the representative director among the members shall be the Plaintiff, and the members except the representative director shall be members.

(3) The representative shall represent the joint contractors and third parties with respect to the project owner and the third parties until the fulfillment of the obligation of the project in this case is completed, and shall have the authority to request the cost of construction, manage the property of the joint contractors, etc.

Article 8 (Methods of Establishment and Operation of Joint Steering Committee) (1) Joint contractors shall establish and operate the Joint Steering Committee for the successful performance of the project in this case.

(2) The Joint Steering Committee shall be comprised of the following:

1. Operating members: Each one person shall be executives and employees appointed by each member on behalf of his/her own company;

2. The chairperson of the operating committee: The operating committee appointed by the representative shall be in charge;

(3) Other rules of the Joint Steering Committee shall apply to the operation, etc. of the Joint Steering Committee.

Article 9 (Method of Formation and Operation of On-Site Organizations)

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