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(영문) 광주지방법원 2016.06.09 2014가합56968
구상금
Text

1. As to KRW 365,900,736 among the Plaintiff and KRW 354,424,706 among the Plaintiff, the Defendant shall start from November 16, 2012 to January 24, 2015.

Reasons

Basic Facts

A. On September 26, 2008, the Plaintiff engaged in civil works, construction business, etc. and the Defendant engaged in housing construction business, etc. were selected as a successful bidder by organizing a joint supply and demand organization (Plaintiff 49%, Defendant 51%, and the instant joint supply and demand organization (hereinafter “instant joint supply and demand organization”) and participating in a bid of 2-84 lines and 2-84 lines and 2,000 maintenance and repair project (hereinafter “instant construction project”).

B. On October 22, 2008, the Plaintiff and the Defendant concluded the following construction contracts with the Korea Land and Housing Corporation (hereinafter “instant construction contract”). The deadline for completion thereafter changed on several occasions, and the deadline for completion at the time of discontinuance of construction as seen below was May 31, 2012.

The name of construction: Contract amount of 5,000,294,000 won for the construction works of 2-84 lines and 2,000 won for the construction works of 5,00,000 won: Date of completion on November 5, 2008: Contract bond (Plaintiff) on September 30, 2009: 245,014,406 won: 25,014,94 won;

C. On November 2008, the Plaintiff and the Defendant entered into an internal agreement on the operation of a joint contract (hereinafter “in the instant internal agreement”) that specifically provides for the matters concerning the internal operation of the instant joint contractor with respect to the execution of the instant construction project, and the main contents are as follows.

Article 1 (Purpose) of the Agreement on the Operation of Joint Contract (Purpose) The purpose of this Agreement is to enter into an agreement for the smooth performance of the construction works by organizing a joint supply and demand organization with A (hereinafter referred to as the "Dongdo") and A (hereinafter referred to as the "Madodo") of the Do Construction Management Bank Co., Ltd. and A (hereinafter referred to as the "Mado") of the Do Construction Management Co., Ltd. (hereinafter referred to as the "Mado") in order to clarify the overall matters of the agreement on the execution of the construction works prepared in advance by the Korea National Housing Corporation.

Article 2 (Contents of Construction Works)

1. Construction name: 2-84 lines and coal maintenance and maintenance works in the model-structured district of tolerance;

2. Project owner: Korea National Housing Corporation;

3. Construction cost: The total amount in manpower of 5,00,294,000.

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