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(영문) 서울중앙지방법원 2015.11.12 2014가합22951
공동분담금등
Text

1. The Plaintiff:

A. As regards Defendant C Co., Ltd, the amount of KRW 172,384,252 and the amount of KRW 22,329,174 among them, from September 30, 2012.

Reasons

1. Basic facts

A. On December 19, 201, the Plaintiff and the Defendants concluded a contract for construction works that jointly supply and demand 19,391,691,692,00 won (hereinafter “instant construction works”) from the Korea Land and Housing Corporation (hereinafter “project owner”) on the terms of contract amounting to KRW 19,248,363,200, the date of commencement, the date of completion, June 28, 201, the date of completion, June 27, 2013, and the liquidated damages rate of KRW 19,391,692,00, and the date of completion was finally changed on September 30, 2013.

B. The Plaintiff and the Defendants agreed that the representative of the joint supply and demand organization shall be 43% of the Plaintiff, joint supply and demand organization’s share in the joint supply and demand agreement, Defendant C Co., Ltd (hereinafter “Defendant C”), Defendant B Co., Ltd. (hereinafter “Defendant B”), and 27% of the share in the joint supply and demand agreement, and the contents of the joint supply and demand agreement under the Accounting Rules of the Ministry of Strategy and Finance are applied as it is (hereinafter “instant joint supply and demand agreement”). The main contents of the above joint supply and demand agreement are as follows.

Article 6 (Liability) Members of a joint contractor shall be jointly and severally liable for the performance of obligations under the contract to the ordering agency.

Article 10 (Distribution of Profit and Loss) If any profit or loss occurs after fulfilling a contract, it shall be distributed or shared in accordance with the ratio of investment by members.

Article 14 (Operating Committee) (1) A joint contractor shall establish a Steering Committee, the members of which are joint contractors, to consult on all matters concerning the execution of contracts.

C. On April 2012, the Plaintiff and the Defendants entered into a contract with Samcheon Construction Co., Ltd. (hereinafter “Tcheon Construction”) to subcontract the structure construction of the instant construction in KRW 4,081,00,000 among the instant construction works, and earth and sand among the instant construction works.

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