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(영문) 서울중앙지방법원 2016.10.06 2013가합11084
약정금반환
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

Basic Facts

On October 27, 2009, the Plaintiffs (hereinafter referred to as “the Plaintiffs”) and the Defendant and Yong-gu Construction Co., Ltd., Nam-gu Construction Co., Ltd., HyundaiMco Co., Ltd., Hyundai Construction Co., Ltd. (hereinafter referred to as “instant Co., Ltd”) were awarded contracts with the Korea Water Resources Corporation for the construction of 22 Section “Songdong River Project” (hereinafter referred to as “the instant construction”).

On June 4, 2010, the members of the instant joint supply and demand agreements including the Plaintiffs and the Defendant entered into a joint supply and demand agreement (hereinafter “instant agreement”) with a view to determining mutual roles, profit sharing, etc. in the execution of the instant construction project. The main contents thereof are the following general provisions of Chapter I of the instant agreement:

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 defendant shall represent the project owner members and shall be responsible for all necessary measures for the smooth progress of the work until the rights and obligations against the project owner are completed.

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

- Defendant: 48%: 8% - Plaintiff Thai Construction and Southern Mine Construction Co., Ltd.: 7% each, respectively - Plaintiff Thai General Construction, Fire Services, Yangyang Integrated Construction, Cheongyang Construction, Cheongjin Construction and Hyundai IMCo Co., Ltd., 5% each;

(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)The request for funds at the site shall be for the direct and indirect expenses compiled from the representative month inputs, respectively;

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