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(영문) 수원지방법원 2020.04.23 2019가단515749
구상금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On April 8, 2015, the Plaintiff, the Defendant, and C Co., Ltd. constituted a joint supply and demand organization and received a contract from the Daejeon District Government Procurement Office for the “D Middle School New Construction Project” (hereinafter “D Middle School Construction Project”). The ratio of shares of the Plaintiff, the Defendant, and the C Co., Ltd was 50%, 30%, and 20%, respectively, and the Plaintiff was the representative company of the joint supply and demand organization.

B. After June 2015, the Plaintiff and the Defendant entered into a joint supply and demand agreement (hereinafter “instant joint supply and demand agreement”) with respect to the said contract, and the main contents thereof are as follows.

Article 2 Scope and Effective Period of this Convention shall be limited to the defendant's share during the above construction, and the effective period shall be from the date of the construction contract to the date of expiration of the defect repair liability after completion.

However, this Convention shall remain in force in so far as the rights and obligations relating to this project remain in respect of the ordering entity or a third party.

Article 3 Execution Method

1. The Plaintiff shall lawfully perform the construction project in compliance with the construction specifications, design specifications, specifications, ordering points, and the relevant agency’s instructions, and shall bear full responsibility for the performance of such obligations as contractual construction, manufacture, services, safety, etc. and civil petitions in connection with the construction project.

2. The Plaintiff, as a manager, is responsible for the organization, management, human resources, materials, equipment, etc. of the field.

Article 4 Definitions

1. Performance profit ratio: The ratio of actual profit of the construction of this Convention as analyzed and determined by the plaintiff and the defendant, which is not changed until the day when the effect of this Convention is completed;

2. Profits from execution: Value-added tax, (1) industrial accident insurance premiums, (2) employment insurance premiums, employment insurance premiums, (4) national pension premiums, national health insurance premiums, (5) long-term care insurance premiums for the aged, (7) installment payments for retirement mutual-aid, (8)

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