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(영문) 서울중앙지방법원 2014.12.26 2012가합103122
공사비 분담금 등
Text

1. As to KRW 1,710,831,424 among the Plaintiff and KRW 1,174,851,320 among the Plaintiff, the Defendant shall start from September 26, 2014 to December 26, 2014.

Reasons

1. Circumstances leading to the dispute of this case;

A. On June 13, 2005, the Plaintiff and the Defendant concluded a contract with the Korea Land and Housing Corporation (the Korea National Housing Corporation prior to the alteration: the Korea National Housing Corporation) and one Section for the construction of the housing site development project at the first stage of Pakistan (hereinafter “instant construction”).

(hereinafter referred to as "the contract amount of this case". The contract amount of this case: 51,249,293,00 won: the date of commencement of 5,124,929,300 won: the date of completion of construction on June 30, 2005: the main contents of the contract agreement on August 12, 2008 are as follows:

B. The Plaintiff and the Defendant concluded a modified contract on the instant contract with the Korea Land and Housing Corporation on nine occasions, and as a result, the date of completion of the instant contract was changed to January 16, 2012, and the contract amount to KRW 99,894,300,000.

[General Agreement on Joint Supply and Demand] Article 7 (Share of Members) (1) Members' share ratio shall be as follows:

1) Plaintiff: 77%: Defendant: 23% (representative of a joint contractor). (1) The representative of a joint contractor shall be the Plaintiff.

(2) The representative shall represent joint contractors until the performance of duties to the project owner is completed.

Article 9 (Power and Responsibility of Representative) (1) The representative of a joint supply and demand organization shall have the following authority and responsibility with respect to the execution of the project in this case:

1) Power to negotiate with the ordering person and the supervising government office, etc. 2) Power to manage the property belonging to the contracting body 3) quality and safety management, claims for construction costs in accordance with the terms and conditions of the contract, liability and authority arising from the collection of deposits (Provided, That the obligations of members for matters requested by the representative relating to the collection of deposits shall be prior.

(2) The representative of the joint management committee may delegate his authority and her responsibility to the head of the relevant site site through the approval of the joint management committee.

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