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1. The Defendant shall pay to the Plaintiff KRW 252,063,424 and the interest rate of KRW 15% per annum from June 20, 2017 to the date of full payment.
Reasons
1. Facts of recognition;
A. On June 25, 2010, the Plaintiff and the Defendant were awarded a contract for the instant construction works by the Busan Regional Land Management Office (hereinafter “instant construction works”) from around June 25, 2010, by organizing a joint supply and demand company with Nonparty Cheongto General Construction Co., Ltd., a building construction company, and joint supply and demand company (hereinafter “joint supply and demand company”).
B. A contracting body of the instant case entered into a joint supply and demand operation agreement for the execution of the instant construction project (hereinafter “instant operation agreement”) around 201, and the main contents relating to the instant case are as follows.
Part I of the instant construction agreement: General Provisions on Part I of the instant construction
1. The objective of this Convention is to provide for the rights and obligations necessary to operate a joint supply and demand company in accordance with the standard form of a joint supply and demand agreement relating to the instant construction project that entered into a joint supply and demand agreement on June 25, 2010, and to consult on reasonable management procedures and efficient procedures for construction support necessary to ensure the successful performance of the construction project between the joint contractors and to comply with this Convention in accordance with the principle of good faith and good faith. (A) Contract price of the instant construction: Construction period of KRW 87,573,532,00 (including VT C) (including VT): the period from June 28, 2010 to May 21, 2017 (2,520 days)
3. Methods of executing construction works;
(b)The activities of the joint contractors shall be co-investment, co-ownership and co-ownership in accordance with their respective shares.
4. Representative of the project and the ratio of members; and
A. The Plaintiff shall represent the members of the ordering person and shall be responsible for all the measures necessary for the smooth implementation of the construction (the formulation of a fair plan, the determination of the method of execution, and the contract management) until the rights and obligations to the ordering person of the construction are completed.
(b) The representative shall represent a third party and shall have the authority, such as the management of the property of the joint contractors and the request for payment, in respect of the third party.
As the class members are the same, the equity ratio is divided, and their powers are accordingly.