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(영문) 서울중앙지방법원 2013.04.03 2012가합21992

보증금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Judgment on the main defense of the vessel;

A. Summary of defense 1) The plaintiff and the same soil company (hereinafter referred to as the "same soil").

(2) On November 10, 2010, 2011, the Plaintiff awarded a contract with the Korea Land and Housing Corporation for construction of three sections of reinforced concrete construction works (hereinafter “the instant construction works”) among the construction works of new construction works of the three sections of the said three sections of Jin-si, Jin-dong, Jin-dong, Jin-dong, 3 Housing Site Development Project, Jin-dong, Jin-si, and the Korea Land and Housing Corporation. (2) On November 10, 2010, the Plaintiff and the same soil were subcontracted for construction of three sections of reinforced concrete construction works of the said three sections of the construction works of the said three sections of the new construction of the three sections of the apartment of Jin-si, Jin-dong, Jin-dong, the construction period of construction, and from November 10, 201 to October 31, 2011.

(3) Since the case identical to the Plaintiff is a joint venture and a partnership under the Civil Act, the Plaintiff, a member of the Plaintiff, must jointly exercise the right in the lawsuit. 4) However, since the Plaintiff independently filed the lawsuit of this case, the lawsuit of this case is filed by a person who has no standing to sue, and is unlawful.

B. Determination 1: (a) the Plaintiff constituted a joint supply and demand organization with the same soil as the Plaintiff in the form of a joint supply and demand organization in the form of a joint performance; and (b) the Plaintiff and the same soil constitutes a cooperative under the Civil Act, since there is no dispute between the parties to the subcontract for the instant construction project; (c) on the other hand, comprehensively taking account of the overall purport of the arguments in the items in the evidence Nos. 6-1, 2, and 7, the Plaintiff and the same soil supply and demand organization have designated the same soil as the representative of the joint supply and demand organization but agreed to replace the representative of the joint supply and demand organization with the Plaintiff with the Plaintiff on May 18, 201 when the same soil was conducted through the workout program on July 2011; and (d) the fact that the Korea Land and Housing Corporation, the ordering person, has approved the change of the representative. In light of these facts, the Plaintiff

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