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(영문) 전주지방법원 2018.12.06 2016가합1914
분담금 청구
Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 123,368,639 to the Defendant (Counterclaim Plaintiff) and its related amount from April 15, 2016 to December 6, 2018.

Reasons

A principal lawsuit and a counterclaim shall be deemed to be combined.

1. Facts of recognition;

A. The parties concerned are companies aimed at civil engineering and building work, etc., and the defendant is an engineering work company, building work business, etc.

B. Method of performing the instant construction project 1) Plaintiff, Defendant, and New Construction Co., Ltd. (hereinafter “new construction”).

(A) On September 2013, 2013, a joint supply and demand agreement is concluded with a standard joint supply and demand agreement and is called a joint supply and demand agreement with a joint supply and demand agreement with a joint supply and demand agreement

(2) The construction work of the Public Interest Service Education Center’s construction work (hereinafter “instant construction work”) from the Chungcheong Local Government Procurement Service

(2) The final contract amount of the above Corporation was changed to KRW 25,837,976,000.

C. According to the above joint supply and demand standard agreement, the ratio of investment in the Plaintiff, the Defendant, and new construction, who are members of the instant joint supply and demand organization, is 50%, 30%, and 20%, respectively, and the expenses disbursed according to the instant construction are determined to be shared according to the above investment ratio. 2) The relevant provisions of the joint contract operation agreement (joint implementation method) are as follows:

Chapter 2. Article 6 (Claims for Costs of Investment)

1. The evidence of the cost of construction shall be inserted in the name of the representative company (referring to the plaintiff; hereinafter the same shall apply), and the representative company shall, after the termination of each month as of the end of the month, issue a statement of the cost of construction project, and a tax invoice, invoice, and other receipts with respect to the cost of construction project allocated in accordance with the share ratio;

2. The representative of the Institute shall request the members of the Institute not later than the tenth day of each month, along with the president of the executive organ.

(Provided, That at the time of the report on value-added tax and the settlement of accounts at the end of each year, each company's report on the amount of the inputs of the representative company shall not interfere with the filing of the report on the amount of the inputs of the representative company, regardless of the receipt of the progress payment.

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