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(영문) 서울중앙지방법원 2013.06.26 2012가합98312
원가분담금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts recognized;

(a) the formation of a joint contractor and the conclusion of a contract for construction works; 1) the plaintiff, the defendant, and the joint contractor for construction works (hereinafter referred to as "joint contractor construction");

The joint contractors of this case shall be the representative contractors of the plaintiff (hereinafter referred to as the "joint contractors of this case").

The joint supply and demand organization of this case constituted "B (B)-1 of the happy City first, B-2 of the construction work of multi-family housing" (hereinafter referred to as "the construction of this case") from the Korea Land and Housing Corporation which is the ordering person.

(2) The plaintiff, the defendant, and the construction of bricks entered into a joint supply and demand operation agreement (hereinafter the agreement in this case) for the operation of the joint supply and demand agreement in this case. The agreement in this case sets forth ① 56.15% of the plaintiff's shares, Defendant's shares, 24.36% of the defendant's shares, and 19.49% of the wall construction shares (Article 5 of the agreement), respectively, and ② the plaintiff has the authority to request construction costs, collect money, and manage the property of the joint supply and demand organization as the representative of the joint supply and demand organization, and each member shall invest in the fund in proportion to his share ratio and participate in the joint construction (Article 46 of the agreement) (Article 46 of the agreement).

B. The Plaintiff’s payment of cost contributions, as the representative of the instant joint supply and purchase company, has first disbursed the required funds for the construction pursuant to the instant agreement, but the wall construction did not pay the cost contributions according to its own apportionment ratio. The unpaid cost contributions pursuant to the apportionment ratio of the wall construction that occurred until July 2012 (=8,45,53,543,524 won incurred until June 2012) are 95,61,00,000,000 won for interest for arrears accrued until June 2012.

C. As for the construction of a building of a building of a building of a building of a building of a building of a building of a building of a building of a building of a building of a building of a building of a building

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