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(영문) 서울중앙지방법원 2021.02.16 2020나20899
감리기성금 청구
Text

1. The part against the defendant in the judgment of the first instance shall be revoked, and all the plaintiffs' claims corresponding to the revoked part shall be filed.

Reasons

1. Facts recognized;

A. On December 21, 2012, the developments leading up to the conclusion of the supervision service contract, etc. (1) the Plaintiffs and E Co., Ltd. (hereinafter “E”) entered into a joint supply and demand standard agreement (hereinafter “instant agreement”) with the aforementioned parties as joint water supply and demand, wherein the share ratio of Plaintiff A is 50%, E’s share ratio is 30%, Plaintiff B’s share ratio is 20%, and Plaintiff B’s share ratio is 20%.

The parts relating to the instant agreement are as follows.

Pursuant to Section 3 Section 7 of Section 7 of the Guidelines for the Operation of Joint Contracts under Chapter 7 of Chapter 7 of the Rules on Public Tender and the Enforcement of Contracts by Local Governments, advance payment, advance payment, etc. under Article 8 (Transaction Account) of the Agreement shall be paid in the following accounts:

1. Plaintiff A (representative of a joint receiving body): Banks, account numbers, and deposit holders;

2. E: Banks, account numbers and deposit holders.

3. Plaintiff B: Bank, Account Number, and Deposit Shares Article 9 (Ratio of Investment by Members) (1) The ratio of investment by a joint receiver shall be determined as follows:

1. Plaintiff A: 50%;

2. E: 30%.

3. Plaintiff B: 20%. (2) The ratio of investment in paragraph (1) may be modified in any of the following cases:

Provided, That in the change of the investment ratio, the whole investment shares of some members shall not be transferred to another member.

1. Where the contract price has been increased or decreased due to changes in terms of contract with the ordering agency;

2. If a partner of a joint water-saving company whose performance of a contract is impracticable due to any cause, such as bankruptcy, dissolution, default, etc., among its members, requests a change in the rate of investment under joint signature of the joint water-saving company members, Article 12 (Measures against Early Withdrawal) (1) No member of a joint water-saving company shall withdraw from the tender and the date on which the execution of the contract is completed, except in any of the following cases:

However, in cases falling under subparagraph 3, other members are necessarily required.

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