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(영문) 서울고등법원 2014.10.01 2014나18270

예금반환 등

Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. On January 6, 2012, the Plaintiff, Sungsung General Development Co., Ltd. (hereinafter referred to as “Ssung General Development”), Aiss Construction Co., Ltd. (hereinafter referred to as “Aiss Construction”), and Yusung Construction Co., Ltd. (hereinafter referred to as “Nissung Construction”) organized a joint supply and demand organization representing the Plaintiff in connection with the remodeling project of the Gwangju Southern-gu General Complex Building, which is ordered by the Korea Asset Management Corporation, and was awarded a contract by the Korea Asset Management Corporation for the total construction cost of the said project from January 6, 2012 to February 11, 2013.

(2) The agreement on the standard for joint supply and demand attached to the agreement on the contract of this case refers to the joint supply and demand of the joint supply and demand entity (hereinafter referred to as the "joint supply and demand entity"), the above construction, the above construction, and the above contract of this case, respectively).

(3) The representative of a joint contractors shall represent the joint contractors and third parties, and shall have the authority, such as the management of the property of the joint contractors and the request for payment.

Article 8 (Transaction Account) Pursuant to the provisions of the Guidelines for the Management of Joint Contracts III-7 of Chapter III of the Rules on Local Government Bidding and the Enforcement of Contracts, advance payment, payment of money, payment of money, etc. shall be paid to the following accounts:

1. Plaintiff: The National Agricultural Cooperative Federation, the account number of 367-01-006302, the Plaintiff;

2. Comprehensive development of sex ginseng: The Gwangju Bank, account number of the Gwangju Bank, 167-127-00024, and the comprehensive development of sex ginseng for deposit holders.

3. Amateur Construction: Industrial Bank of Korea, bank account numbers, 298-03987-01-024, and depository stock holders construction.

4. Native construction: The ratio of investment by the National Agricultural Cooperatives Federation, the account number of 630-01-01266, Article 9 (Ratio of Investment by Members) of the Deposit Shares Construction Act (1) The ratio of investment by the joint contractors shall be determined as follows:

Plaintiff

50%, 25%, Aarsen Construction 15%, and 10%, Earsen Construction 10%

(b) The account opened under the joint name; and