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1. A notary public C belonging to the Daejeon District Public Prosecutor's Office against the Plaintiff at the Daejeon District Public Prosecutor's Office, prepared on December 4, 2015, No. 6879.
Reasons
1. Basic facts
A. D and E have been habitually flooded due to a local river of 2.4km a year that flows from the F of Gyeonggi-do to the GG dam in North Korea from the F of Gyeonggi-do, with the width of the river narrow.
Accordingly, on December 27, 2012, Gyeonggi-do entered into a contract for a river environment improvement project with the Plaintiff, the Defendant, and H Co., Ltd. (hereinafter “H”) for the total construction cost of KRW 10,090,010,000, and the construction period of KRW 10,090,000, from January 4, 2013 to September 30, 2016.
B. The Plaintiff, the Defendant, and H concluded an agreement around December 2012 with a view to the formation of a joint supply and demand organization to conclude the said construction contract.
The main content is that the plaintiff and the defendant implement the civil engineering works, but the ratio is the plaintiff 43% and the defendant 57%, and the landscape construction works are H will implement, and the representative of the joint contractor will be the defendant.
Specific details are as follows:
Article 1(Purpose)This Agreement shall be concluded by the members of a joint supply and demand organization to jointly carry out a contract in accordance with the terms and conditions of sharing in order to plan, execute, etc. the following construction works, goods, or services by mobilization of financial resources, management, technical ability, personnel, and machinery and materials, but the joint performance shall be determined by the agreement promising to jointly carry out a contract in accordance
1. Contract title: A project to improve the river environment;
2. Contract amount: 9,200,763,900 won;
3. Name of the originating Agency: Article 2 (Members of Joint Contractor) (1) of the Gyeonggi-do Construction Headquarters is the member of the Joint Contractor.
(2) The representative of a joint contractor shall be the defendant.
(3) The representative of a contracting body shall represent the contracting body and the third person, and shall have the authority to manage the property of the contracting body and to request for payment, etc.
Article 6 (Liability) Members of a joint supply and demand organization shall be liable for the performance of their duties to an ordering agency in accordance with the details of sharing, but the joint performance shall be jointly and severally liable among the relevant members.