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(영문) 부산지방법원 2015.04.02 2014가합7899
약정금
Text

1. The plaintiff's successor's claim (appointed party) is dismissed.

2. The costs of lawsuit are assessed against the plaintiff.

Reasons

1. Facts of recognition;

A. On July 4, 2011, the Plaintiff (i.e., withdrawal; hereinafter “Plaintiff”) entered into the instant contract for construction works and the Defendant was awarded a contract for B maintenance works (hereinafter “instant construction works”) from the head of the Daegu Metropolitan City Dong-gu, Seoul (hereinafter “the head of the place of order”) under the joint implementation method of share ratio of 11,35,027,00 won, Defendant 60%, and Plaintiff 40%.

B. Article 3 (Classification of Construction Works) 1 of the Agreement on Calculation of the First Income concerning the Construction Works of this case provides that the Defendant shall be entrusted to the ordering person with the Plaintiff’s share until the completion of the obligation to the ordering person of this construction project, and shall perform the duties of preparation of necessary work, financing, mobilization of human resources, equipment, equipment and materials, processing of affairs, and management of property. (2) The Defendant shall delegate to the Defendant all the authority (construction and claim for payment) equivalent to the Plaintiff’s share to the Defendant so that the Defendant can perform the construction work smoothly, and the Plaintiff shall actively cooperate with all of the support matters (such as agency duties, subcontracting, and accounting matters).

3) All responsibilities (including civil petitions and defects) arising from the execution of the construction work are liable to the Defendant. Article 4 (Execution Budget) 1) The Defendant establishes the implementation budget for the contract amount of the construction work, and settle the accounts with the Plaintiff as profits, and the method of settlement shall be as follows:

The above profit shall be distributed and settled at the time of receipt of each term and advance payment, and the mutual confirmation at the time of completion, and the distribution and calculation methods shall be in accordance with the accounting paragraph of Article 5.1.2. The defendant and the plaintiff shall be deposited into each private account at the time of receipt of progress payment and advance payment from the ordering agency. The defendant and the plaintiff shall be distributed and settled by the method of calculating the following profits, and the plaintiff shall be transferred to the defendant within seven days from the date of claim after cost distribution, and the plaintiff shall be transferred to the defendant within seven days from the date of claim for the payment without good cause.

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