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(영문) 광주고등법원 2015.12.23 2014나3978
대여금
Text

1. The part of the judgment of the court of first instance against the plaintiff, which cited below, shall be revoked.

The defendants are the defendants.

Reasons

. It is recognized that with respect to the instant design service agreement, a joint supply and demand agreement has been entered into with the following contents:

Article 3 (Members of Joint Supply and Demand Agreement) (1) Members of a joint supply and demand agreement shall be as follows:

1. The plaintiff;

2. I representative of H architect office, I (2) representative of the joint supply and demand agreement shall be the plaintiff.

(3) The representative shall represent the written joint supply and demand agreement with the project owner (referring to the defendant association) and third parties, and shall have authority to manage the property in the written joint supply and demand agreement, claim for the price, etc.

Provided, That when making a request for payment, it may be requested for payment according to each partner.

Article 7 (Liability) (1) Members of a joint supply and demand agreement shall be liable for each share for the performance of contractual obligations to the ordering person in connection with the service concerned.

Article 9 (Request for Transaction Accounts and Service Costs) (1) The price, etc. for the service shall be paid to the following account, which is the passbook of each joint supply and demand company.

Plaintiff

Bank: Bank/Account Number: National Bank****************************************** the deposit owner: even though the joint supply and demand company judgment of the Corporation basically has the nature of the partnership under the Civil Act, all claims that the joint supply and demand company would have against the contractor should be attributed to the members of the joint supply and demand company in relation to the construction contract, and can be attributed to each member of the joint supply and demand company according to the contents of the construction contract (see, e.g., Supreme Court Decision 2001Da7532, Jan. 11, 2002). In this case, health, first Plaintiff, etc. (the Plaintiff and the comprehensive architect office building, Red Company Co., Ltd. entered into the design service contract and the money loan contract of this case together, and the operating expenses of the Plaintiff Co., Ltd. in this case shall be the amount of each of the Defendant Co., Ltd. and the amount of each of the loan for consumption.

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