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(영문) 광주지방법원해남지원 2019.04.02 2018가단201471

구상금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff and the Defendant, around May 2014, entered into a joint supply and demand agreement (hereinafter “instant joint supply and demand agreement”) with respect to the structural improvement construction (hereinafter “instant construction”) as a risk between C and those ordered by Jeonnam-do (hereinafter “instant construction”) and entered into a joint supply and demand agreement including the following:

Article 1 (Purpose) of the Standard Contract for Joint Supply and Demand (Main Contract Management Method) This Agreement provides for an agreement with the principal contractor to jointly implement a contract while planning, managing, and coordinating the following projects, goods, or services by the members of the Joint Supply and Demand Agency, for the purpose of planning, tendering, execution, etc.:

1. Contract title: A structural improvement project due to risk between C;

2. Contract amount: 3,175,455,000 won;

3. The name of the agency awarding the contract: The name of a joint contractor, the location of a place of business, and the principal contractor, all of which are referred to in Article 2, Nam-do, as follows:

1. Name: Members of a joint contractors shall be as follows:

1. The plaintiff;

2. Defendant 2 The principal contractor is the Plaintiff.

(3) The principal contractor shall represent the contracting agency and the third party, and have the authority to manage the property of the joint contractors and to request for the price, etc.

Article 5 (Liability) Members of a joint contractor shall undertake to utilize all necessary knowledge and technology in good faith, on the basis of trust, in order to achieve the purposes prescribed in Article 1, and the principal contractor shall jointly perform a contract while planning, management and coordination in connection with the performance of the whole project.

Article 6 (Liability) Members of a joint contractor shall be individually responsible for the performance of the obligation to contract to the agency awarding the contract in accordance with the part of the execution.

Article 9 (Matters to be Shared by Members) (1) Each partner shall determine the following matters:

1. Plaintiff: Civil engineering works (2,835,364,00 won);

2. Defendant: Earth 340.