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(영문) 서울중앙지방법원 2016.10.06 2013가합26444
공동분담금
Text

1. The share of the common costs incurred before August 8, 2012, among the instant lawsuits, KRW 148,33,027, and the share of the common costs incurred before August 8, 2012, as well as the share of the share of the common costs.

Reasons

Basic Facts

On October 27, 2009, the Plaintiff and A Co., Ltd. (hereinafter referred to as “A”), Thai General Construction Co., Ltd., Thai General Construction Co., Ltd., Cheongjin Construction Co., Ltd., Cheongjin Construction Co., Ltd., Cheongjin Construction Co., Ltd., Ltd., Cheongjin Construction Co., Ltd., Ltd., a joint supply and demand company with the method of joint performance (hereinafter referred to as “instant joint supply and demand company”) as the Plaintiff’s representative, and C Co., Ltd. (hereinafter referred to as “the instant construction”).

General Provisions of Chapter 1 of the Convention

3. Methods of executing construction works;

(b)The activities of the joint contractors shall be co-investment, co-ownership and co-ownership in accordance with their respective shares.

4. Representative of the project and the ratio of members; and

A. The Plaintiff shall represent the members of the ordering person and shall be responsible for all necessary measures for the smooth implementation of the construction work until the rights and obligations of the ordering person of the construction work are completed.

(b) Members shall divide their respective shares as follows and have the powers and responsibilities arising therefrom:

- Plaintiff: 48% - A: 7% - (hereinafter omitted)

(c)The above agreement ratio shall be modified in accordance with the above agreement ratio when the contract value has been increased or decreased due to changes to the terms and conditions of the contract with the ordering person.

Part IV Funds and Accounting Management

4. Demand and payment of funds;

(a) On-site funds shall be distributed from the representative to the amount of direct and indirect expenses compiled by a monthly input from each representative company in accordance with their respective equity ratio, so notified to each joint subcontractor, and the joint consignee shall confirm this and take measures to deposit the funds into the designated account within the date stipulated in the Convention so that the funds can be smoothly executed;

7. Accounting and the timing for payment of joint contributions;

(c)the representative shall issue a tax invoice allocated by equity ratio as of the end of each month as of the fifth day of the following month along with the monthly aggregate and settlement of the total cost of construction by item, and shall make a joint contribution to the Joint Supplier by the fifth day of the following month.

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