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(영문) 광주고등법원 2015.06.17 2014나4230
물품대금
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. On November 2009, A Co., Ltd. (hereinafter referred to as “A”), the Defendant, 3-owned companies, Maw Co., Ltd. (hereinafter referred to as “S”), Dayang Construction Co., Ltd. (hereinafter referred to as “instant Co., Ltd”) constituted a joint supply and demand organization as a representative of A (hereinafter referred to as “instant joint supply and demand organization”) and received the “construction for the construction of Honam High-Speed B Sections, and other construction works” from the Korea Rail Network Authority.

B. The Plaintiff, the member of the instant joint supply and demand agreement with the Plaintiff, the Defendant, etc. entered into a joint supply and demand agreement with respect to the instant construction project and set up a standard joint supply and demand agreement (hereinafter “instant agreement”). On the other hand, on the other hand, on-site operation management rules were enacted to determine matters concerning the establishment, organization, and operation of a site based on the joint supply and demand agreement and submitted them to the Korea Rail Network Authority, the ordering person, along with the instant joint supply and demand agreement

The main contents of the instant joint supply and demand agreement and the on-site operation management rules are as follows.

Article 1 (Purpose) of the Agreement on Joint Supply and Demand (Joint Implementation Method) provides that the members of the Joint Supply and Demand Agency shall jointly and severally perform the contract in accordance with certain investment ratios for the purpose of planning, tendering, construction work, goods, and services by mobilization of financial, management, and technical capabilities, personnel, and equipment and materials.

1. Contract title: Construction of new construction works of Honam high-speed rail B sections and other construction works; and

3. The name of the project owner: The name of a joint contractor, location of the place of business, and the representative shall be as follows:

1. Name A: A;

2. Principal office: Songpa-gu Seoul Metropolitan Government D;

3. Representative: Article 3 (Members of Joint Supply and Demand Organization) (1) Members of Joint Supply and Demand Organization shall be as follows:

1. A (representative: C);

2. The defendant;

3. A foreign exchange enterprise.

4. Co., Ltd.

5. Construction of east longitude by a limited company.

6. Samyang Construction Co., Ltd.

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