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1. The Defendant (Counterclaim Plaintiff) paid KRW 149,99,99,99 to the Plaintiff (Counterclaim Defendant) and its related amount from June 24, 2016 to July 20, 2017.
Reasons
Facts of recognition
Modern Industrial Development Co., Ltd. (hereinafter referred to as the "Modern Industrial Development") and the defendant constitute a joint supply and demand organization (hereinafter referred to as the "joint supply and demand organization of this case") around August 2013 in order to determine the rights and obligations within the joint supply and demand organization of this case in order to establish a joint supply and demand organization (hereinafter referred to as the "joint supply and demand organization of this case") in order to receive a contract for the construction of the 3-stage IT/B HS tunnel structure (hereinafter referred to as the "construction of this case").
The conclusion of the contract for the project in question shall be as follows: Section 1 (Purpose) of this Agreement shall determine the agreement which shall be made jointly and severally in accordance with certain investment rates for the purpose of planning, tendering, execution of works, goods, and services by the members of the joint supply and demand organization by mobilization of financial, managerial, technical and technical capabilities, personnel, and machinery and materials for the project in question. Section 3 (Members of the joint supply and demand organization) shall be as follows:
1. Development of modern industries;
2. The representative of the joint supply and demand organization for the defendant shall be the development of modern industry.
(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.
Where some members of a joint contractor intend to independently conclude a subcontract, they shall obtain the consent of the other members.
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. Development of modern industries: 70%;
2. Defendant: Each constituent member shall share the subcontract consideration, material cost, labor cost, expenses, etc. incurred in performing this contract in accordance with the ratio of investment.
(2) Members of a joint contractors shall be apportioned by members.