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(영문) 서울고등법원 2016.06.30 2016나2012470
정산금 등 청구의 소
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. A Co., Ltd. (hereinafter “A”) (hereinafter referred to as “A”) under a construction contract and joint supply and demand agreement

(1) On November 11, 2011, the Defendant and the SSH Corporation (hereinafter “SH Corporation”)

from the Gangseo-gu Seoul Metropolitan Government Construction Works for D Apartments (hereinafter “instant Construction Works”).

A) A contract for construction works under the terms and conditions that each of the construction costs will be jointly received by setting the period from November 11, 201 to May 28, 2014 (hereinafter “instant contract”) as the construction cost of KRW 63,717,127,00, and the construction period of KRW 63,700.

(1) The SH has entered into a joint supply and demand agreement (which is a joint supply and demand agreement). Article 1 of the Joint Supply and Demand Agreement (the purpose of this Agreement is to set forth an agreement by which A and the Defendant constitute a joint supply and demand agreement and to jointly and jointly carry out a project by entering into and implementing a bid agreement for the following projects ordered by SH Corporation by mobilization of financial management

1. Project name: The Corporation in this case;

2. The name of the project owner: The name of the joint contractors, the location of the place of business, and the representative of the H Corporation shall be as follows:

1. Title: Article 3 (Members and Representatives of Joint Contractors) (1) Members of Joint Contractors shall be as follows:

1. A;

2. The representative of the joint contractor for defendant shall be A.

(3) The representative shall represent the SH Corporation and a third party, and shall have the authority to manage the joint contractors' property, request for the payment thereof, etc.

Article 4 (Effective Period) This Agreement shall enter into force at the same time as signature between the Parties and shall be terminated upon completion of the implementation thereof.

However, as long as the rights and obligations in relation to the Project remain with respect to SH and third parties, this Agreement shall remain in force.

Article 9 (Sharing Contents of Members) (1) Each partner shall be determined as follows: A. Construction works and fire fighting works; (a) Defendant: Construction works; and (b) The matters referred to in paragraph (1) may be changed if:

Provided, That the joint contractors shall be changed with respect to the contents of sharing.

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