공탁금출급청구권확인 등
1. Among the Plaintiff and the Defendants, the Incheon Transport Corporation was No. 7575, Sept. 12, 2014, the Incheon District Court No. 7575.
(2) The Plaintiff and Defendant Tae-young entered into a contract for construction works (hereinafter “instant contract for construction works”) with the purport of jointly receiving the instant contract amounting to KRW 1,249,359,470 from the date of completion, and KRW 150 from the date of commencement, and KRW 1/1,000 from the date of completion, and KRW 1/1,000 from the contract amount for liquidated damages (hereinafter “instant contract for construction works”). After the construction period, the Plaintiff and Defendant Tae-young entered into a joint supply and demand agreement (i.e., the method of joint performance) including the following for the joint supply and demand of the instant construction works on January 9, 2014, the date of conclusion of the instant contract for construction works (hereinafter “instant joint supply and demand agreement”).
(B) After the conclusion of the contract, the joint supply and demand agreement was submitted to the Incheon Transport Corporation. The advance payment, payment, etc. pursuant to Article 11 of the Guidelines for Joint Contract Operation set out in Article 8 (Transaction Account) Accounting Rules shall be paid to the following accounts:
1. Defendant Thaie: Account Number 406601-****** Account Holder: Defendant Thaie;
2. The plaintiff: Account Number 167-01-***** the Account Holder: plaintiff Article 9 (Sharing of Members) (1) Each member's allotment shall be determined in the name of the above contract as follows.
1. Defendant Tae-young: 51%;
2. Plaintiff: 49%. (2) Contents of share under paragraph (1) may be changed in cases falling under any of the following subparagraphs:
Provided, That where the contents of sharing are modified, all members of the joint contractor shall not be transferred to another member.
1. Where the contract price has been increased or decreased due to changes in terms of contract with the ordering agency;
2. In the event that the members of a joint contractor who are difficult to perform the contract due to their bankruptcy, dissolution, default, etc., request a change in the content of share jointly among the members of the joint contractor, and Article 11(1) of the Guidelines for Joint Contract Operation, which was enforced by the Ministry of Strategy and Finance at the time of the conclusion of the contract for the construction of this case