beta
Text
1. The Defendant’s KRW 180,956,676 for the Plaintiff and 6% per annum from March 25, 2015 to August 18, 2016.
Reasons
1. Basic facts
A. On December 27, 2012, the Korea Land and Housing Corporation publicly announced the public tender for the “C Corporation” (hereinafter “the instant construction”) in Pyeongtaek-si Ari and Briwon.
D Co., Ltd. (hereinafter referred to as “D”) entered into a joint supply and demand agreement (hereinafter referred to as the “joint supply and demand agreement of this case”) with Defendant, Gyeongnam Co., Ltd. (hereinafter referred to as “Seoul Co., Ltd.”), Promotion Co., Ltd. (hereinafter referred to as “Promotion Co., Ltd.”) on or around January 2013, with the name of the joint supply and demand organization “D Co., Ltd., Ltd.” (hereinafter referred to as “D”), with the ratio of shares of Defendant 10% (hereinafter referred to as “joint supply and demand agreement of this case”), and formed a joint supply and demand agreement (hereinafter referred to as “joint supply and demand agreement of this case,” and the members of the joint supply and demand organization of this case plus the members of the joint supply and demand organization.
II.The name of a joint contractors, the location of the place of business, and the representatives shall be as follows:
1. Name: D;
3. Name of representative: Article 3 (Members of Joint Supply and Demand Organization) (2) The representative of Joint Supply and Demand Organization shall be D.
(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.
Where some members of a joint contractor intend to independently conclude a subcontract, they shall obtain the consent of the other members.
Article 10-2 (Sharing of Expenses) (1) Each member shall share the subcontract price, material cost, labor cost, expenses, etc. incurred to implement this contract in accordance with the investment ratio.
Article 14 (Operating Committee) (1) A joint contractors shall establish a steering committee consisting of members of a joint contractors to consult on all matters concerning the execution of contracts.
B. The Defendant, etc. was selected as an eligible person for the final shop design as a result of bidding on May 2, 2013 upon bidding to the instant construction project, and the contract amount on February 27, 2014 with the Korea Land and Housing Corporation on February 27, 2014.