(영문) 서울서부지방법원 2019.09.18 2017가합35274

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(영문) 서울서부지방법원 2019.09.18 2017가합35274

공동원가분담금 청구의 소

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1. The Defendant’s KRW 1,281,225,710 among the Plaintiff and KRW 1,239,45,459 among the Plaintiff, shall be from February 3, 2017, and KRW 26,728,049.

Reasons

1. Facts of recognition;

A. A Co., Ltd. (hereinafter referred to as the “A”) and the Defendant entered into a joint supply and demand agreement (hereinafter referred to as the “instant standard agreement”) around March 2009 to establish a joint supply and demand agreement (hereinafter referred to as the “joint supply and demand agreement”) in order to determine the rights and obligations relationship within the joint supply and demand agreement (hereinafter referred to as the “instant joint supply and demand agreement”) with the Korea Highway Corporation in order to receive a contract for the construction works for D Section 2 (hereinafter referred to as the “instant construction

Article 1(Purpose)This Agreement provides for an agreement between A and the Defendant to jointly and severally engage in a project for planning, tendering, construction works, etc. with respect to construction works, goods, or services by mobilization of financial management and technical capabilities, personnel, and equipment and materials.

Article 3 (Members of Joint Contractor) (1) Members of Joint Contractor shall be as follows:

1. A;

2. The representative of the joint contractor for defendant shall be A.

(3) The representative shall represent the joint contractors and third parties, and shall have the authority to manage the property of joint contractors, request for payment, 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.

Where some members of a joint contractor intend to independently conclude a subcontract, they shall obtain the consent of the other members.

Article 9 (Method of Performance and Ratio of Investment by Members) (1) The ratio of investment and the ratio of shares by a joint contractor shall be as follows:

Article 15 (Operating Committee) (1) of the joint performance method of 15% joint performance method of 85% of the total amount of the defendant's 2nd joint performance method (civil construction construction work business). (1) A joint procurement company shall establish a steering committee, the members of which are joint contractors, and consult about all matters concerning the performance of the contract.

(2) Matters not prescribed in this Agreement shall be operated by the operating committee.

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