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(영문) 서울중앙지방법원 2015.08.11 2014가단208758
채무부존재확인
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Facts of recognition;

A. At around 207, the Incheon Superintendent of the Office of Education, who participated in the bidding of the order of the school private investment facilities project and the counter mountain construction project, ordered the 4 new school construction project (hereinafter “the 4 new school construction project”) among the project of the Incheon Yangyang High School and the 3rd Private Investment Facilities (hereinafter “the 4 new school construction project”) to place an order for the 00 private construction project, and the 500 new school construction (ju) decided to participate in the bidding of the new school construction project.

B. After the establishment of a consortium with the Defendant, etc. (1) the order and cost of design services for the construction project of the instant new school (hereinafter “instant design services”) ordered an external specialized company to place an order for the basic design and shop design services (hereinafter “instant design services”) to participate in the instant new school construction project, four companies including the Plaintiff, etc. to participate in the instant design services bid (hereinafter “instant design services”). The comprehensive architect office’s name and construction (hereinafter “registered construction”), so-called “so-called “so-called light construction”), the general architect office in charge of the instant construction project (hereinafter “so-called “so-called M&A”), the general architect office in charge of the L&A (hereinafter “SA”), and the Plaintiff, etc., by organizing a consortium (hereinafter “instant consortium”).

(2) Since then, four companies, including the name architecture, rush, light, light, light, and Plaintiff, entered into a joint supply and demand agreement on August 20, 2007, and the main contents thereof are as follows.

In order to establish an agreement to jointly and severally carry on a joint project for designing the new construction of this case, this agreement shall be concluded.

(1)The representative of the consortium shall be the master construction, the master construction shall represent the contracting body to the project owner and to the third party, and shall have the authority, at the time of the designation of the first negotiating party, such as negotiations, authorizations and permissions agents, and requests for payment.

(Article 3). This Agreement shall enter into force at the same time as the signature of the parties and shall be terminated by the implementation of the contract concerned.

However, there remain rights and duties in relation to the design to the client or the third party.

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