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(영문) 대전지방법원 2014.06.26 2013가합101818
물품대금
Text

1. The Defendant: (a) KRW 160,419,442 to the Plaintiff; and (b) KRW 6% per annum from November 12, 2012 to May 23, 2013 to the Plaintiff.

Reasons

1. Basic facts

A. On July 11, 2011, the Defendant agreed to jointly implement the KAS Basic Science and Technology Construction Project (hereinafter “instant construction”) ordered by the Korea ASIS Institute (hereinafter “instant joint supply and demand project”) by organizing a joint supply and demand organization (hereinafter “instant joint supply and demand organization”) with the wall construction company (hereinafter “the instant joint supply and demand organization”). The main contents of the joint supply and demand agreement (Evidence A No. 4) signed between the Defendant and the wall construction are as follows.

Section 1.(Purpose)This Agreement shall provide for an agreement to implement a contract jointly and severally in accordance with certain investment rates for the planning, tendering, execution, etc. of construction works, goods, or services by a member of a contracting body under the following contract by mobilization of financial, managerial, and technical capabilities, personnel, and equipment:

1. Contract title: New Construction (Construction) of the Basic Science Complex for KAIS;

2. Contract amount: Twelve thousand won; and

3. Name of the project owner: The name of a joint contractor, the location of the place of business, and the representative shall be as follows:

1. Title: Article 3 (Members of Joint Supply and Demand Organization) (1) Members of Joint Supply and Demand Organization shall be as follows:

1. Construction of walls;

2. The representative of the joint supply and demand organization for the defendant shall be the construction of walls.

(3) The representative shall represent the project owner and a third party, and shall have the authority to manage the property of the joint contractors, request for the payment thereof, etc.

Article 6 (Liability) Members of a joint contractor shall be jointly and severally liable for the performance of obligations under the contract to the ordering agency.

Article 9 (Ratio of Investment by Members) (1) The ratio of investment by a joint supply and demand company shall be determined as follows:

1. Construction of walls: 60%;

2. Defendant: 40%;

B. Accordingly, on June 14, 2012, the Defendant and the Korea Advanced Institute of Science and Technology jointly concluded a contract amount of KRW 12,405,410,00 with respect to the instant construction work, and the construction period from July 11, 201 to August 31, 201.

C. The Plaintiff’s construction around December 201, 201, as well as brick mountain construction.

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