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(영문) 광주지방법원 2013.11.01 2012가합13219

공사대금

Text

1. Of the instant lawsuit, the part of the instant lawsuit against the administrator A of Goju Construction Co., Ltd. by the Defendant Rehabilitation Obligor.

2...

Reasons

1. Facts of recognition;

A. On July 201, the rest of the Defendants, other than the Defendant’s Advanced Engineeringman, entered into a joint supply and demand agreement with the content that “construction work for dormitories and Engineering-Type Private Investment Facilities Projects” located in the previous North Korean Kim system, which was ordered by the Defendant Advanced Engineeringman, jointly (hereinafter “instant joint supply and demand agreement”) and established the Defendant Advanced Engineeringman by investing their shares in each of the instant joint supply and demand agreements.

Article 4 (Responsibilities of Members and Restrictions on Withdrawal during Term of Validity of the Convention) (2) Members shall not withdraw from the joint supply and demand organization without approval of the person awarding the contract and the members of the joint supply and demand organization.

(3) Where it is impossible for any partner to perform the contract normally due to bankruptcy, merger, dishonor, dissolution, etc. within the contract period with the ordering person with respect to this project, the remaining members shall complete this project.

Article 5 (Representative and Authority and Obligations of Joint Supply and Demand Company) (1) The representative of Joint Supply and Demand Company shall be the defendant case industry which holds the largest shares, and if the shares are changed, the shares shall be determined in consideration of the changed shares.

(2) The powers and duties of a representative shall be as follows:

The authority to represent the external joint supply and demand organization and to consult and compromise with the project owner, supervisor, manager, etc.

(b) Power of representation in the execution of this project (the share of work of the members of a joint contractor) ① Construction site responsible for the implementation of the project on behalf of the members of a joint contractor and construction cost for each construction site shall be as follows. Since the construction cost for the construction site shall be entirely vested in each responsible contractor at the time of the occurrence of any profit or loss, no objection shall be raised against the other members, such as the demand for the loss.

In the case of the minimum construction cost of the construction outside the name of the site, the construction work shall be responsible for the minimum construction cost of the construction project, 3,370,076,052.