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(영문) 서울중앙지방법원 2015.10.30 2015가합517135
제3자이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. In around 2009, the Plaintiff: (a) signed a joint supply and demand agreement (hereinafter “instant joint supply and demand agreement”); and (b) constituted a joint supply and demand agreement (hereinafter “instant joint supply and demand agreement”) with Pung Forest Industry Co., Ltd. (hereinafter “Pung Forest Industry”); and (c) formed a joint supply and demand agreement (hereinafter “instant joint supply and demand agreement”) in order to receive orders for the construction of the third sections for the construction of the East Sea Line, which is ordered by the Korea Rail Network Authority (hereinafter “instant construction”); and (d) became the representative of the joint supply and demand agreement.

Article 8 of the Agreement on the Supply and Demand of Construction Works of this case provides that the advance payment, payment, etc. of the construction project of this case shall be paid to each of the members of the joint contractors of this case in accordance with Article 11 of the Guidelines for Joint Management of Contracts (Regulations on Accounting of the Ministry of Strategy and Finance).

B. The instant joint contractors submitted the instant joint supply and demand agreement to the Korea Rail Network Authority, and participated in the tender for the instant construction works, and subsequently awarded a contract for construction works with the Korea Rail Network Authority on April 27, 2009.

(hereinafter “instant construction contract”). C.

Around November 2010, the members of the instant joint supply and demand agreement prepared a joint supply and demand operation agreement (hereinafter “instant joint supply and demand agreement”) to determine internal methods of operation necessary for the implementation of the instant joint supply and demand agreement.

Article 5 of the Framework Agreement on the Operation of Joint Supply and Demand in the Agreement on the Management of Joint Supply and Demand in this case provides that the Plaintiff, the representative of the Joint Supply and Demand in this case, shall represent the Joint Supply and Demand in the outside and shall have the authority to claim for construction

The members of the joint contractors of this case shall account each time from the Korea Rail Network Authority as stipulated in Article 8 of the Joint Supply and Demand Agreement after the commencement of the construction work in the name of each member.

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