logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원동부지원 2017.05.26 2016가합133
출자이행
Text

1. The Defendant’s KRW 748,821,544 as well as 6% per annum from February 23, 2016 to May 26, 2017 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On May 8, 2014, the Busan Regional Procurement Service entered into a contract for construction works for A (hereinafter “instant construction works”) with the Office of Education of Busan Metropolitan City as a procuring entity (hereinafter “instant procuring entity”), which is comprised of the Plaintiff, the Defendant, the High Railroad Construction Co., Ltd. (hereinafter “Seoul”) and the United Nations Co-ownership Company (hereinafter “T&D”) with the total cost of KRW 11,101,294,00,000, the total cost of construction works was 10,805,291,000,000, and the date of the final completion of construction works on July 6, 2015 (the total cost of construction works was modified on September 30, 2015).

B. On April 2014, the members of the instant joint supply and demand agreement entered into a joint supply and demand project operation agreement (hereinafter “instant joint supply and demand agreement”) with a view to determining matters necessary for the joint performance of the instant construction project upon receipt of a contract for construction work.

The main contents thereof are as follows:

Article 1 (Purpose) of the Standard Agreement on Joint Supply and Demand (Joint Implementation Method) provides for a joint agreement to fulfill a joint contract jointly in accordance with the investment ratio for the following construction works, goods, or services, through the mobilization of financial, management, technical capacity, personnel, and equipment and materials by the members of the joint supply and demand organization:

1. Title of contract: (tentative) Construction Corporation;

2. Contract amount: 6,300,000,000 won per gold and the amount for a total construction period 11,101,294,00 won;

3. Name of an ordering agency: Article 3 of the Busan Metropolitan Office of Education (members of a joint subcontractor).

1. The members of the joint contractors shall be:

Plaintiff

B. Defendant

(c) Railroad construction;

(d) U.N.C.;

2. The representative of the joint contractors shall be the plaintiff.

3. The representative of a contracting body shall represent the contracting body and the third party, and shall have the authority to manage the property of the contracting body and to claim for the price, etc.

Article 4 (Effective Period).

arrow