A joint and several sureties who has been interrupted due to a cause attributable to the receiving company shall succeed to and completed the construction, whether such disposition is justified.

If a joint and several liability company has ceased construction works and failed to perform the contract, even if the joint and several liability company succeeded to and completed the remaining construction works, it cannot bring about any complaint on the non-performance of the contract, and thus, it cannot be deemed illegal on the ground that it limited qualification for participation

Article 70-18 (1) of the Budget and Accounts Act, Article 89 (1) 6 of the Enforcement Decree of the Budget and Accounts Act

[Judgment of the court below]

The Minister of Korea Forest Service

Seoul High Court Decision 85Gu295 delivered on September 3, 1985

The appeal is dismissed.

The costs of appeal are assessed against the plaintiff.

We examine the grounds of appeal.

According to the reasoning of the judgment below, the court below acknowledged the facts of the disposition of this case and found the facts of the judgment as to the reason of the disposition of this case. According to it, it is clear that the plaintiff company did not perform the contract by suspending the construction work due to its own cause on November 13, 1984, since the joint and several liability company succeeded to and completed the remaining construction work, it cannot bring about any complaint on the non-performance of the contract of the plaintiff company, and it cannot be viewed that the disposition of this case was made prior to the fact of non-performance of contract as referred to the restriction of qualification in this case as of December 18, 1984. In light of relevant evidence and the provisions of Article 70-18 (1) of the Budget and Accounts Act and Article 89 (1) 6 of the Enforcement Decree of the same Act, the judgment of the court below is acceptable, and it cannot be viewed that the judgment of the court below was erroneous by law, such as the theory of lawsuit. The arguments are without merit.

Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.

Justices O Sung-sung(Presiding Justice)