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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
(a)Article 3 (Members of Joint Supply and Demand Body) (1) of the Standard Joint Supply and Demand Agreement and the Contract for Construction Works (Joint Execution Method) (1) Members shall be:
1. The plaintiff;
2. The representative of the joint contractor for defendant shall be the plaintiff.
(3) The representative shall represent the joint contractors and third parties, and shall have the authority to manage the property of joint contractors, request for payment, etc.
Article 6 (Liability) (1) Members of a joint supply and demand organization shall be jointly and severally liable for the performance of obligations under a contract to the ordering agency.
Article 8 (Transaction Accounts), Costs, etc. shall be paid in the following accounts of the representative of a joint supply and demand organization or of each member.
1. Plaintiff Company (Representative of Joint Contractor) Account Number - Heavy-
2.Account Number - Articles 9 (Ratio of Investment by Members) 1. The ratio of investment by a party joint supply and demand company shall be determined as follows:
1. Plaintiff: 90%;
2. Defendant: 10% (2) The ratio referred to in paragraph (1) may be changed according to the change in the terms and conditions of the contract with the ordering person when the contract amount has been increased or decreased.
Article 10 (Distribution of Profit and Loss) Where any profit or loss occurs after fulfilling the contract agreement, the profit or loss shall be apportioned or shared in accordance with the ratio prescribed in Article 9.
XI.(Restriction on Transfer of Rights and Obligations) No member may transfer to a third party any rights and obligations under this Agreement.
Article 12 (Measures against Down Withdrawal) (1) Members of a joint supply and demand organization shall not withdraw from the bid or from the date of completion of the execution of the contract concerned, without the consent of all the ordering person and all the members.
(2) Where any part of partners is unable to perform a contract due to bankruptcy, dissolution, dishonor, etc., the remaining partners shall jointly and severally perform the contract.
Provided, That if the remaining members alone fail to meet the requirements for performing the contract, such as a license, contract limit, etc., the required by the ordering person.
shall meet the requirements of the case.
(3) Cases under the main sentence of paragraph (2).