1. The defendant's appeal and the claim for return of provisional payment are all dismissed.

2. Return of appeal costs and provisional payments.

1. Basic facts

A. On December 1, 2005, the Korea Highway Corporation (1) awarded a successful bid for the construction work for expanding the highway on the part of the plaintiff joint contractors (hereinafter referred to as the "Korean Highway Corporation") shall perform the construction work for expanding Section 1 Section 25 of the motorway, which connects the king-si, Yang-si, Yang-si, Yang-si, Yongsan-si, Yansan-si

As to the public notice of the tender, the Plaintiff and the A&C Construction Co., Ltd. (hereinafter “A&C Construction”).

(2) The construction of a company, limited liability company (hereinafter referred to as “continct construction”).

(2) The joint contractors in the form of a joint contractors (hereinafter referred to as "joint contractors for the plaintiff").

(2) The main contents of the agreement on joint supply and demand of the Plaintiff’s joint contractors and the agreement on the operation of joint supply and demand contractors are as follows:

[Joint Supply and Demand Agreement] Article 3 (Members of Joint Supply and Demand Organization) (2) The representative of Joint Supply and Demand Organization shall be the plaintiff.

(3) The representative shall represent the joint contractors and third parties, and shall have the authority to manage the joint contractors and request the price, etc.

[Written Agreement on the Operation of Joint Contractor] Part I of Chapter I of the General Provisions (Liability of Members) Article 3 (Liability of Members) of the Agreement shall be the plaintiff pursuant to Article 3 (2) of the Agreement, and the person ordering and a third party shall represent the members and shall assist the project owner and the third party in the field in formulating a work plan, preparing an execution budget, determining the method of execution, processing affairs, quality control and contract management affairs necessary for the completion of the object of execution, in consultation with each member.

Article 7 (Composition of Organization Organization): (1) The Steering Committee shall be comprised of one executive officer delegated with authority by the representative director of each member, and the chairperson shall be the executive officer of the representative director.

(3) On-site: The head of the site and the steering committee delegated with authority by the operating committee, or the working committee delegated with authority.