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1. The Defendant’s KRW 393,425,90 for the Plaintiff and the following: 5% per annum from August 3, 2010 to January 23, 2014.
Reasons
1. Basic facts
A. The contents of the construction contract and the joint supply and demand agreement (1) A Co., Ltd. (hereinafter referred to as “A”) made between the Plaintiff and the Public Procurement Service under the Defendant’s control of May 29, 2009 entered into a contract for the construction work (hereinafter referred to as “instant contract for construction work”) with the joint performance method (A50% of equity ratio, Plaintiff 50,000, contract amount of KRW 2,150,000,000, total construction period, KRW 16,475,431,00,000 on June 3, 2009, the date of commencement, June 3, 2009, the date of completion, December 30, 2009 (the short construction period: 210 days after commencement, 720 days), the contract amount for delayed delay, 0.1% of the contract amount, general terms and conditions, and the joint supply and demand agreement, etc.
(The final date of completion was changed to March 23, 2010 on the ground of the period of suspension of construction, etc.). (2) Provisions relating to withdrawals in the terms of a joint supply and demand agreement (hereinafter “joint supply and demand agreement”) which is part of the instant construction agreement, are as follows:
[Joint Contract Operation Guidelines (Form 1 Joint Supply and Demand Agreement (Joint Implementation Method) in Appendix 2,00.04-136-18, June 29, 2009)]
However, in cases falling under the provisions of subparagraph 3, other members shall always take measures to withdraw.
1. Where all the project owner and partners consent to;
2. Where a member of a joint supply and demand company other than its members fails to perform the relevant contract without any bankruptcy, dissolution, dishonor, or any justifiable reason, takes measures for withdrawal with the consent of the project owner;
3. Where he is subject to restrictions on the participation in a tendering procedure under Article 76 (1) 6 of the Enforcement Decree because he fails to perform the relevant contract without any bankruptcy, dissolution, dishonor, or any justifiable reasons among the members of a
(b) joint contract operations;