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(영문) 춘천지방법원 강릉지원 2018.01.24 2017가단410
양수금
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1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. The Defendant, EE-ray Industries Co., Ltd. (hereinafter “E-ray Industries”), and E-ray Construction Co., Ltd. (hereinafter “E-ray Construction”) jointly received a joint supply (i.e., the investment ratio: 36%, 34%, 30%, and 30% of the E-ray Construction Co., Ltd. (hereinafter “instant construction”).

Article 2. The names and representatives of joint contractors shall be as follows:

(Place of business shall be omitted).

Name: Northern Peace Force Bureau;

(c) Representative: Members of a joint supply and demand organization under Article 3 of the EEex Industries.

(b)The representative of the Joint Supply and Demand Agency shall be the EEex Heavy Industries;

(c) The representative shall represent the project owner and the third party, and shall have the authority to manage the property of the joint contractors, request for payment, etc.

Article 6 Liability

(a)Members of the joint contractors shall be jointly and severally liable for the performance of their contractual obligations to the ordering person;

(b)The subcontractors and suppliers of the joint contractors shall also be jointly and severally liable;

B. On November 12, 2014, EEX-based industry, the representative of the North Korean Peace Headquarters, entered into a subcontract (hereinafter “instant subcontract”) with respect to the construction period of the electric mooring (hereinafter “instant subcontract”) and the construction period of the instant construction, with respect to the construction of the electric mooring (hereinafter “instant subcontract”) as follows: (a) from November 12, 2014 to October 31, 2015; and (b) the construction cost of KRW 1.93 million (including value-added tax; hereinafter the same shall apply):

Article 6 (Transfer of Rights and Obligations) (1) EE X-ray industry and EOS-ray shall not transfer or succeed to any rights or obligations arising out of this Agreement to a third party.

(2) the other party.

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