(영문) 서울동부지방법원 2017.04.07 2015가합111615

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(영문) 서울동부지방법원 2017.04.07 2015가합111615

공사원가분담금 청구의 소

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1. The defendant shall pay to the plaintiff KRW 229,258,474 and KRW 184,455,329 among them, from December 16, 2015 to the date of full payment.

Reasons

1. Basic facts

A. On November 19, 2010, the original Defendant was awarded a contract with the Public Procurement Service (Demand Agency: the Water Supply Service Center in Ulsan Metropolitan City) for the construction work related to the project to improve the water purification plant in Ulsan-gun, Ulsan-do (hereinafter “the instant construction work”).

B. The Defendant entered into the Joint Supply and Demand Basic Agreement on November 201, 201, and subsequently amended two times on July 201 and around April 2012, and, if amended on April 2012, entered into a revised Joint Supply and Demand Basic Agreement, the details relating to this case are as follows:

Article 3 (Joint Supply and Demand Agreement) (2) Members and shares of a joint supply and demand organization shall be as follows.

1. Plaintiff 48.5% (Amount omitted), Defendant 51.5% (amount omitted) (Amount omitted) (the content of joint execution: the engineering work business) ③ Members for joint execution and their shares are as follows:

1. Plaintiff 100% (amount omitted) (the content of the instant construction works: Construction works and specialized fire fighting works) (4) The total equity ratio of the instant construction works shall be as follows:

1. Plaintiff 50.86% (amount omitted)

2. Defendant 49.14% (Amount omitted) (1) Of the members, the representative director among the members shall be the Plaintiff, and the members except the representative director shall be members.

(3) The representative shall represent the project owner and the third party with the joint contractors until the fulfillment of the obligation of the instant construction works is completed, and shall have the authority to request the payment of the construction works and to manage the property of the joint contractors by prior consultation with each member.

Article 8 (Methods of Establishment and Operation of Joint Steering Committee) (1) Joint contractors shall establish and operate the Joint Steering Committee for the successful performance of the project in this case.

(2) The Joint Steering Committee shall be comprised of the following:

1. Operating members: Each member shall be appointed and appointed on behalf of each member; and

2. The chairperson of the operating committee: The operating committee appointed by the representative shall be in charge;

(3)

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