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(영문) 서울고등법원 2017.05.18 2016나208718
공동분담금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

[Claim]

Reasons

1. In the first instance court, the Plaintiff sought the payment of the unpaid common costs (joint costs for the construction costs), the common costs of the Southern Mine Construction Co., Ltd., the advance payment-related joint costs contributions of the Taeyang Engineering Co., Ltd., and the contributions related to the same side engineering Co., Ltd., and the first instance court partly accepted the unpaid common costs contributions, the advance payment-related joint costs contributions, and the contributions related to the same side engineering Co., Ltd., and dismissed the claim for the joint costs of the Southern Mine Construction Co., Ltd.

In this regard, the defendant appealed against the part of the claim for the unpaid common costs, and thus, the subject of the judgment of this court is limited to the claim for the unpaid common costs as above.

2. Basic facts

A. On October 27, 2009, the Plaintiff, the Defendant, the Nam River Construction Co., Ltd., the Tranchis Construction Co., Ltd., the Tranchis Construction Co., Ltd., the Hyundai M&C Co., Ltd., the Taeyang Industry Co., Ltd., the Samyang Construction Co., Ltd., and the Cheongjin Construction Co., Ltd. were awarded contracts from the Korea Water Resources Corporation for the construction of 22 sections (i.e., e., e., e., e., g., g., the instant construction).

B. On June 4, 2010, the members of the instant joint supply and demand agreements including the Plaintiff and the Defendant entered into a joint supply and demand agreement (hereinafter “instant agreement”) with a view to determining mutual roles, profit sharing, etc. in executing the instant construction jointly, and the main contents thereof are as follows.

Part I General Provisions

3. Methods of executing construction works;

(a) In the implementation of this Convention, the Corporation shall not divide the substance and the area of the project, and each company shall jointly carry out the project, and the scope of the joint performance shall include all the construction changes as well as any gold contract.

(b).

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