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1. Defendant Gwangju Bank Co., Ltd.: (a) KRW 1,287,825,00 for the Plaintiff and its related amount from February 28, 2013 to May 6, 2013.
Reasons
1. Basic facts
A. 1) The organization of a joint contractor and the conclusion of a contract for construction work, etc., the Plaintiff and the Defendant Sungsung Central Development Co., Ltd. (hereinafter “Defendant Co., Ltd”).
3) Nonparty 1, Inc., Ltd. (hereinafter “Auss Construction”)
2) As to the ground of appeal, the court below erred by misapprehending the legal principles as to the ground of appeal.
(1) After the Korea Asset Management Corporation forms a joint supply and demand organization representing the Plaintiff with respect to the remodeling project of the Gwangju Southern-gu General Government Building, the Korea Asset Management Corporation entered into a contract with the Korea Asset Management Corporation on January 6, 2012, setting the total construction cost of the said construction from January 12, 2012 to February 11, 2013 (hereinafter the aforementioned joint supply and demand organization consisting of the aforementioned joint supply and demand organization; the said construction is referred to as the “joint supply and demand organization”; the said construction; and the said contract for the said construction is referred to as the “instant contract,” respectively.
(2) 2) The joint supply and demand agreement attached to the instant contract contains the following descriptions:
(3) The representative of a joint contractors shall represent the joint contractors and third parties, and shall have the authority, such as the management of the property of the joint contractors and the request for payment.
Article 8 (Transaction Account) The following accounts shall be paid in advance, payment of consideration, etc., as prescribed by the Rules on Local Government Tender and Contract Execution Guidelines III-7 of Part III of the Guidelines for the Management of Joint Contracts by Local Governments.
1. Plaintiff: The Federation of Agricultural Cooperatives, the account number of the Plaintiff 367-01-06302, and the depositor;
2. Defendant Company: Gwangju Bank, Account Number 167-127-0024, Defendant Company
3. Amateur Construction: Industrial Bank of Korea, bank account numbers, 298-03987-01-024, and depository stock holders construction.
4. Genetic Construction: The Agricultural Cooperatives Federation, the account number of 630-01-01266, Article 9 (Ratio of Investment by Members) of the Deposit Holdings Construction Act (1) The ratio of investment by joint contractors shall be determined as follows:
Plaintiff
50%, Defendant Company 25%, 15% Aarsen Construction, 10%, and 10%
(b) One joint supply and demand company involved in the opening of a joint deposit account.