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1. The Defendant’s KRW 633,710,00 for the Plaintiff and 6% per annum from June 12, 2012 to January 17, 2014.
Reasons
1. Basic facts
A. On December 1, 2005, the Korea Highway Corporation announced a public announcement of the extension works for the first section of the motorway E (hereinafter “construction works for the extension of national expressways”) which connects C with Y in Seosan-si, Seosan-si, and the Plaintiff, A&C Construction Co., Ltd. (hereinafter “A&C Construction”), and the name acid Construction of a limited liability company (hereinafter “Masan Construction”) was awarded a contract for the extension works for the said national expressway by constituting a joint supply and demand organization under joint performance method (hereinafter “joint supply and demand organization for the Plaintiff”).
[Joint Supply and Demand Agreement] Article 3 (Members of Joint Supply and Demand Organization) (2) The representative of Joint Supply and Demand Organization shall be the plaintiff.
(3) The representative shall represent the joint contractors and third parties, and shall have the authority to manage the joint contractors and request the price, etc.
[Written Agreement on the Operation of Joint Contractor] Part I of Chapter I of the General Provisions (Liability of Members) Article 3 (Liability of Members) of the Agreement shall be the plaintiff pursuant to Article 3 (2) of the Agreement, and the person ordering and a third party shall represent the members and shall assist the project owner and the third party in the field in formulating a work plan, preparing an execution budget, determining the method of execution, processing affairs, quality control and contract management affairs necessary for the completion of the object of execution, in consultation with each member.
Article 7 (Composition of Organization Organization): (1) The Steering Committee shall be comprised of one executive officer delegated with authority by the representative director of each member, and the chairperson shall be the executive officer of the representative director.
(3) On-site: An employee shall be formed based on the ratio of investment of each constituent member for the site director and the total number of persons on-site under an agreement between the operating committee and the working committee delegated by the operating
Part III (Organization of On-Site Organizations) Article 2 (Organization of On-Site Organizations) (1) The process management of construction works.
B. The plaintiff joint contractors.