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1. The part against the defendant in the judgment of the first instance shall be revoked;
2. The plaintiff's claim against the above cancellation portion is dismissed.
3.
Reasons
(a) : 108.55 billion won - - The period of construction of the Korea National Housing Corporation: from December 18, 2006 to December 10, 2008 (Partners).
1. The members of a joint contractors shall be as follows:
Plaintiff, Defendant, and Newsung Construction
2. The representative of a partner shall be the representative of the plaintiff;
Article 4 (Authority of Representative)
1. The representative shall represent members to the ordering person and any third person;
3.The contract of this construction and the claim for the construction cost shall be made.
4. Management of the property belonging to joint contractors.
Article 7 (Share of Joint Contractor)
1. Members shall have the following shares in the formation of a joint supply and demand organization, and the ratio of shares shall not be adjusted even if the contract amount is increased or decreased due to the changes in the terms of contract,
(Provided, That the ratio of shares may be adjusted when the members consent to all of them): The ratio of shares of the plaintiff: Construction, civil engineering, installation, and new construction 41%: the ratio of shares of the defendant 39%: Construction, civil engineering, installation, and electricity 20%: the ratio of shares of the defendant 39%: the construction, civil engineering, installation, and electricity 20% * The ratio of shares of the total construction cost under the contract for the contract (45%: 45%, new construction: 36%, and 18.64% for the defendant) shall be implemented.
Article 15 (Apportionment of Expenses, Tax Affairs and Repair of Defects)
2. Overdue interest on the payment of expenses shall be 9% per annum, but it may be adjusted through a resolution of the future operating committee in the event of a change in circumstances;
Provided, That the joint contributions shall be deposited by the end of the last day after the cost distribution under Chapter 3, Section 4, Section 2, and the delay rate shall apply to the delay.
Article 2 (Management Guidelines for Joint Contract for Accounting and Accounting)
1. All accounting affairs concerning the transaction conducted by a joint contractor shall be supervised by the plaintiff who is the representative contractor;
2. The Plaintiff shall exercise its duty of care and duty as a manager.
Article 6 (Execution of Funds)
1.The execution of the funds shall be in accordance with the rules on the financing management of the plaintiff, a representative director for the convenience of his business and shall be paid as follows
Construction cost: Each of the plaintiff, a representative director, after execution.