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(영문) 대전지방법원공주지원 2016.09.22 2016가단20076
기타(금전)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On December 24, 2010, the Plaintiff, the Defendant, and the Newdong Comprehensive Construction Co., Ltd. (hereinafter “Newdong Construction”), the Deputy Construction Co., Ltd. (hereinafter “Subwon Construction”), and the Samyang Construction Co., Ltd. (hereinafter “Tyang Construction”), entered into a contract for construction works with the Korea Rural Community Corporation on the enhancement of the embankments for agricultural reservoirs, such as the ancient district (one section, total construction amount of KRW 63,045,290,00, total construction amount of KRW 63,000,00, total construction amount of KRW 28, 2012, the date of completion of construction, and the Defendant’s representative of the joint subcontractor).

B. On March 20, 2012, the Plaintiff entered into an agreement with the Defendant to determine the method of joint performance (hereinafter “instant agreement”) with the Plaintiff regarding the said contract for construction works. The details are as follows.

Article 2(1) The Defendant shall be responsible for all matters related to the planning, management, adjustment, etc. of the overall operation of the site and the completion of construction works for the smooth performance of the entire construction works and the efficiency of the rental works. 2) The fixed execution rate, excluding industrial accident and employment insurance premium, in the contract amount, shall be 100% by agreement between the Plaintiff and the Defendant, and the Defendant shall have all responsibility and authority related to the construction works in accordance with this Convention until the fulfillment of the obligations to the person ordering the construction

(3) When the Plaintiff receives progress payment, the Defendant shall settle the design cost and the operating charge on the basis of the base rate. 4) The Defendant shall complete the safety management, environmental management, and quality construction, and all civil, criminal and administrative responsibilities arising from defective construction.

Article 3(Ratio of Shares in Civil Works and Increase in Construction Costs) 1 Shares: 43 per cent, 10 per cent, and 10 per cent 2 per cent, the contract amount for construction works, even at the time of the change in the contract amount due to the change in the contract amount (design change, ESC application, etc.), shall be completed final in accordance with the above shares.

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