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(영문) 서울중앙지방법원 2019.07.25 2019가단5043616
공사비
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff, the Defendant, and C Co., Ltd. (hereinafter referred to as “C”) constituted a joint supply and demand organization (share ratio: Plaintiff 40%, Defendant 30%, and c30%) with the representative company of the Plaintiff, and received contract for the D Corporation (hereinafter referred to as “instant Corporation”) from the Incheon Metropolitan City Mayor around February 2017 for construction cost of KRW 12,420,983,220.

B. On January 2017, the Plaintiff, the Defendant, and C entered into a joint supply and demand standard agreement with the following contents, and around July 2017, they entered into a joint supply and demand agreement with the following contents:

(hereinafter referred to as "the first joint supply and demand agreement of this case"). Article 3 (Members of a Joint Supply and Demand Scheme) of the Standard Joint Supply and Demand Agreement (Joint Implementation Method) (3) The representative shall represent the Joint Supply and Demand Organization for the project owner and the third party and shall have the authority to manage the property of the Joint Supply and Demand and to request for payment.

Article 9 (Contents of Contribution by Members) (1) The ratio of contribution by a joint contractor shall be determined as follows:

1. Plaintiff 40%

2. C 30%

3. Where any profit or loss is incurred after implementing a contract under Article 10 (Distribution of Profit and Loss) of the defendant 30%, the profit or loss shall be apportioned or shared at the ratio prescribed in Article 9;

Article 10-2 (Sharing of Expenses) (1) Each member shall share the subcontract consideration, material cost, labor cost, expenses, etc. incurred for the implementation of this contract in accordance with the investment ratio.

Article 12 (Measures against Early Withdrawal) (2) Where part of a member withdraws pursuant to paragraph (1), the remaining members shall jointly and severally implement the relevant contract.

(3) In cases under the main sentence of paragraph (2), the ratio of investment by a withdrawing person shall be divided according to the ratio of investment by the remaining partners and added to Article 9.

Article 4 (Apportionment of Affairs of Joint Subcontractors) (1) The ratio of shares held by each member in the formation of joint contractors shall be as follows:

- Plaintiff: 40 per cent - C: 30 per cent - Defendant: 30 per cent, respectively, shall be in accordance with the equity ratio.

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