(영문) 서울중앙지방법원 2014.10.01 2014가합4281

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(영문) 서울중앙지방법원 2014.10.01 2014가합4281

공사대금

Text

1. The Defendant’s KRW 1,890,729,256 for the Plaintiff, and KRW 6% per annum from July 1, 2013 to October 1, 2014, as well as the Plaintiff.

Reasons

1. Facts of recognition;

A. A. A contractual relationship between the Plaintiff and the Defendant with respect to C New Construction (hereinafter “C New Construction”) around May 2010, the Defendant determined a joint supply and demand organization with KC Construction Co., Ltd. and new Eastdong Construction Co., Ltd. on the method of joint performance and determined a joint supply and demand organization with respect to C New Construction (hereinafter “Additional Construction”) and the Defendant, as of May 10, 2010, as of May 10.

(A) A corporation (hereinafter referred to as “A”) was awarded a contract and

Around August 2010, the Plaintiff succeeded to the Newdong Construction Co., Ltd. and participated in the said joint supply and demand company. With respect to Busan Construction Co., Ltd., a contract was entered into between the ordering authority and the said joint supply and demand company, which includes the following (hereinafter referred to as the “contract entered into for Construction in Busan

(1) On May 10, 2010, ① A contractor, a joint contractor, and a manager, etc., of the construction contract under Article 2 of the Special Conditions for the Construction Contract, shall be comprised of joint contractors, and the manager shall be the defendant. ② Notice between the contractor and the contractor shall be the defendant in charge, and the subcontractor shall be deemed to have paid the whole contractor when the contractor pays the payment for the completed portion, the construction cost, etc. to the defendant.

Part I of the General Provisions of Chapter I

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 defendant shall represent the project owner members and shall be responsible for all necessary measures for the smooth progress of the work until the rights and obligations against the project owner are completed.

(b) Members shall be:

유사 판례

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