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(영문) 대전지방법원 2020.11.25 2018가합109121

변경계약 무효확인 청구의 소

Text

The plaintiff's claim against the defendants is dismissed in entirety.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

가. 당사자의 지위 원고는 건축, 토목, 조경 공사업 등을 사업목적으로 하는 회사로, 2006. 9. 15. 토목건축공사업 등록을 하였다.

Defendant B (hereinafter “Defendant B”) is a company whose business purpose is road packaging, civil engineering, construction work, etc., and Defendant C Co., Ltd (hereinafter “Defendant C”) is a company whose business purpose is design, construction, etc. of civil engineering work.

B. On December 16, 2016, the Plaintiff, Defendant B, and Defendant C entered into a contract with the contracting officer of the Daejeon District Public Procurement Service for the instant construction project ordered by the Daejeon District of Daejeon to enter into a long-term continuing construction contract with the total construction period of KRW 14,732,00,00 for the instant construction project (hereinafter “instant contract”). At the time of entering into the instant contract, the joint supply and demand agreement entered into between the Plaintiff, Defendant B, and Defendant C (hereinafter “instant joint supply and demand agreement”) and the contracting officer of the Daejeon District Public Procurement Service for a long-term continuing construction contract with the total construction period of KRW 14,732,00,00 (hereinafter “instant contract”). Article 1(Purpose of the instant joint supply and demand agreement entered into between the Plaintiff, Defendant C, and the Defendant C (hereinafter “instant joint supply and demand agreement”). This agreement refers to the “D Corporation” (hereinafter “the instant construction project”).

The purpose is to determine in advance the details of the contract for the construction of facilities and the contract for the joint supply and demand agreement between the members of the joint supply and demand organization. Article 3 (Partners and Representatives) ① Members of the joint supply and demand agreement of the Corporation (hereinafter referred to as “members”).

1. A (State) means the Plaintiff:

(A) The representative director F (hereinafter referred to as “A”)

A person shall be appointed.

2. B (Defendant B) representative director G (hereinafter referred to as “B”);

(2) The representative of the joint supply and demand organization shall be A in accordance with Article 3 of the Standard Agreement on the Joint Supply and Demand of the Construction Project.

Article 4 (Ratio of Members' Investment) Each member shall be required for this Corporation.