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(영문) 서울중앙지방법원 2015.11.04 2014가합44760
분담금
Text

1. As to KRW 9,736,156,918 among the Plaintiff and KRW 8,595,711,119 among the Plaintiff, the Defendant shall start from March 26, 2015 to November 4, 2015.

Reasons

1. Basic facts

A. The Plaintiff and the Defendant concluded a contract for construction works with the Hanjin Heavy Industries Co., Ltd., Korea Development Co., Ltd., Ltd., and the joint supply and demand company (hereinafter “stock company,” among the names of each of the above companies, shall be omitted). The Plaintiff and the joint supply and demand company (hereinafter “joint supply company”) jointly participated in the bidding of B business (1) ordered by the Public Procurement Service, and selected as successful bidders. On July 26, 2011, between the Public Procurement Service and the construction project (hereinafter “instant construction project”) with the total construction period amount of KRW 243,074,150,000 and the total construction completion date of the construction project (hereinafter “the instant construction project”) to be jointly supplied on June 12, 2014.

B. On December 201, the instant joint supply and demand agreement entered into a joint supply and demand agreement (hereinafter “instant joint supply and demand agreement”) with the following main contents in order to consult on matters necessary for the instant joint supply and demand agreement to carry out the instant construction project as a joint performance method.

Article 4 (Contribution Ratio of Members)

1. All expenses incurred in implementing the instant contract and this Agreement shall be invested by each member company at the following rates:

① The Plaintiff: 55%, ② 20%, ③ 10%, ④ 10%, 5%, and Defendant 5%, respectively.

4. The responsibility and authority of the joint contractors shall be based on the ratio of contribution.

Article 5 (Representative and Location of Principal Office)

1. The representative of the joint contractors shall be the plaintiff.

Article 6 (Representative Authority of Representative)

1. The representative shall represent the external joint contractors and shall have the power to represent the execution of the works; and

2. The representative shall administer all affairs concerning the conclusion of the instant contract, modification of designs, adjustment of the contract amount, and the contract, and shall handle expenses incurred therein as site workers.

3. The representative shall consult and compromise with the ordering person, consumer, supervisor, supervisor, etc. of the construction project on the implementation of the instant contract.

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