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1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) out of KRW 1,693,607,085 and the said amount:
(a) for KRW 8,743,423;
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. On October 27, 2009, the Plaintiff and the Defendant were awarded a contract with the Korea Water Resources Corporation for 22 Section 22 of the "Projects for the Preparation of the Nakdong River" (hereinafter referred to as the "the instant Construction Project") by organizing a joint venture with the method of joint performance, represented by the Plaintiff (hereinafter referred to as the "joint venture").
On June 4, 2010, the members of the instant joint supply and demand agreements including the Plaintiff and the Defendant entered into a joint supply and demand agreement (hereinafter “instant agreement”) with a view to determining mutual roles, profit sharing, etc. in carrying out the instant construction project jointly.
The main contents of the instant agreement are as follows.
Part I General Provisions
3. Methods of executing construction works;
(b)The activities of the joint contractors shall be co-investment, co-ownership and co-ownership in accordance with their respective shares.
4. Representative of the project and the ratio of members; and
A. The Plaintiff shall represent the members of the ordering person and shall be responsible for all necessary measures for the smooth implementation of the construction work until the rights and obligations of the ordering person of the construction work are completed.
(b) Members shall divide their respective shares as follows and have the powers and responsibilities arising therefrom:
- Plaintiff: 48% - Defendant: 5% - (hereinafter omitted)
(c)The above agreement ratio shall be modified in accordance with the above agreement ratio when the contract value has been increased or decreased due to changes to the terms and conditions of the contract with the ordering person.
Part IV Funds and Accounting Management
4. Demand and payment of funds;
(a) On-site funding requests shall be distributed from the representative to the amount of direct and indirect costs compiled by the monthly input from the representative and shall be notified to each co-contractor in proportion to their respective shares, and the co-contractor shall be entitled to do so;