1. The defendant's appeal is all dismissed.

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

Purport of claim and appeal

1...

1. The reasoning for this part of the judgment of the court is as follows, except for the modification of the text of the judgment of the court of first instance as follows, and thus, this part of the judgment is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

In Part 4, "each claim has been issued with a collection and seizure order" in Part 17 shall be understood as "the seizure and collection order of the claim or the seizure and collection order of the claim has been issued."

In the first sentence of the 5th page (based on recognition), "this Court" shall be added to "the first instance court".

2. Determination

A. The summary of the Defendant’s assertion was that there was an agreement between the members of the instant joint contractors on the division of the share of the construction cost claim, and the Plaintiffs and the Company directly received the payment for each share from the Jeonju City. As such, the instant additional indirect cost claim can only be individually reverted to the members of the instant joint contractors, not the joint contractors’ property.

Therefore, compulsory execution of the instant case should be permitted with respect to the share of 1/4 of the instant additional indirect costs claims, which the argue has against the preceding State.

B. Determination of the joint supply and demand organization basically has the nature of a partnership under the Civil Act. Therefore, a claim against a contractor due to the execution of the construction work by the joint supply and demand organization shall, in principle, be reverted to the members of the joint supply and demand organization. Thus, one of the members is not entitled to claim payment according to the share ratio from the contractor at will, barring any special circumstance, and a claim against one of the members shall not be subject to compulsory execution against the contractor of the joint supply and demand organization.

However, in relation to claims arising from a contract for construction works, a joint contractor and a contractor shall be directly ordered to work in accordance with their share ratio.