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(영문) 서울서부지방법원 2017.02.16 2015가합33489
공동원가분담금 청구의 소
Text

The defendant's 68,759,115 won and 577,753,325 won among the plaintiff's 668,759,115 shall be annual from May 15, 2015 to May 28, 2015.

Reasons

1. The facts below the underlying facts may be found either in dispute between the parties or in Gap evidence Nos. 1, 2, 3, 4, and 6 (including serial numbers; hereinafter the same shall apply), together with the whole purport of the pleadings.

The Plaintiff, the Defendant, and the Nonparty Co., Ltd. (hereinafter referred to as “competing Construction”) constituted a joint supply and demand organization representing the Plaintiff (hereinafter referred to as “joint supply and demand organization”) and received contracts from the General Construction Headquarters of Incheon Metropolitan City for the construction cost of KRW 13,767,310,000 on March 23, 2012, and for KRW 607,917,000 on June 2, 2014, respectively.

B. On February 2, 2015, the construction cost of the said A Corporation was finally changed to KRW 6,265,900,000, and the construction cost of the said B Corporation was finally changed to KRW 685,368,000 on December 2, 2014.

(hereinafter referred to as the “instant construction”) by combining each of the above construction works;

The instant joint contractors completed the instant construction work on January 15, 2015.

The Plaintiff, the Defendant, and the Do Construction enter into a joint supply and demand standard agreement (hereinafter referred to as the “joint supply and demand agreement of this case”) with the formation of the joint supply and demand agreement of this case. The main contents are as follows:

Article 1 (Purpose) of the Standard Agreement on Joint Supply and Demand (Joint Implementation Method) provides for an agreement to jointly perform a contract in accordance with the investment ratio for the construction project, goods or services in this case, and for the planning, bidding, execution, etc. by the members of the Joint Supply and Demand Organization, by mobilization of financial, management, technical capacity, personnel, equipment and materials.

Article 3 (Members of Joint Supply and Demand Organization) (1) Members of Joint Supply and Demand Organization shall be:

The representative of the joint supply and demand organization shall be the plaintiff.

(3) The representative of a joint contractor shall represent the project owner and a third party, and shall have the authority to manage the property, request for payment, etc. thereof.

Article 6 (Members of Joint Liability Agency)

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