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(영문) 광주고등법원 2019.07.05 2018나23604

청구이의

Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The members of a joint contractor under Article 6 (Liability) of the basic facts shall be jointly and severally liable for the performance of contractual obligations to the ordering agency;

Article 9 (Method of Implementation and Ratio of Members' Investment) (1) The ratio of investment and the ratio of members of a joint supply and demand organization shall be as follows:

If any profit or loss occurs after performing the contract of Article 10 (Apportionment of Profit and Loss) of the General Design Project Co., Ltd. F. F. F. F. Co., Ltd. Co., Ltd. Co., Ltd.(T. and Basics, Civil engineering structure, road, airport, information and communication) joint performance method of 1st member Co., Ltd. Co., Ltd. Co., Ltd. Co., Ltd. Co., Ltd. Co., Ltd. Co., Ltd. Co., Ltd. Co., Ltd. Co., Ltd. Co., Ltd. Co.

Article 13 (Measures against Duplicative Withdrawal) (1) Members of a joint supply and demand organization shall not withdraw from the contract by the date of the tender or the completion of the contract concerned, except in the cases falling under any of the following subparagraphs:

Provided, That in cases falling under the provisions of subparagraph 3, other members shall take measures to withdraw.

1. Where all the project owner and partners consent to;

2. Where a member of a joint supply and demand organization other than the members concerned takes measures for withdrawal with the consent of the ordering person because he fails to perform the contract concerned without bankruptcy, dissolution, or other

3. If a member of a joint supply and demand organization is subjected to a measure to restrict participation in bidding under Article 15 (1) of the Rules on Contract Affairs of Public Corporations and Quasi-Governmental Institutions because he fails to perform the contract concerned without any bankruptcy, dissolution, dishonor, or any other justifiable reason.

On October 12, 2017, the Plaintiff and the Plaintiff Co., Ltd. were to perform the instant lawsuit by appointing a custodian C upon commencement of rehabilitation procedures on October 12, 2017, and the said rehabilitation procedures were completed on June 25, 2018 while the instant appellate trial was pending.