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(영문) 광주고등법원 2013.12.31 2012나2940
손해배상(기)
Text

1. A Co., Ltd. (Counterclaim Plaintiff) on the basis of a change in the main claim that had been exchanged at the trial.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. (1) On May 29, 2009, the Plaintiff entered into a construction contract and a joint supply and demand agreement with Defendant A on May 29, 2009 with respect to the F new construction project (hereinafter “instant construction project”) with the Public Procurement Service under the jurisdiction of the Republic of Korea (hereinafter “instant construction project”) under the joint performance method (50% equity ratio, Defendant A50,000), contract amount of KRW 2,150,000,000, total construction period amount of KRW 16,475,431,00,000, June 3, 2009, the date of commencement, June 3, 2009, the date of completion, December 30, 2009 (short-term construction period: 210 days after the commencement of the construction period, total construction period, 0.1% of the contract amount for delay, general conditions, and joint supply and demand agreement, etc. (hereinafter “instant construction contract”).

(The final date of completion was changed to March 23, 2010 on the ground of the period of suspension of construction works at the same time). (2) Provisions relating to withdrawals in the joint supply and demand agreement (hereinafter “joint supply and demand agreement”) which is part of the instant contract for construction works are as follows:

[Joint Contract Operation Guidelines (Form 1 Joint Supply and Demand Agreement (Joint Implementation Method) in Appendix 2,00.04-136-18, June 29, 2009)]

However, in cases falling under the provisions of subparagraph 3, other members shall always take measures to withdraw.

1. Where all the project owner and partners consent to;

2. Where a member of a joint supply and demand company other than its members fails to perform the relevant contract without any bankruptcy, dissolution, dishonor, or any justifiable reason, takes measures for withdrawal with the consent of the project owner;

3. Where a member of a joint contractor is subject to restrictions on the participation in a contract under Article 76 (1) 6 of the Enforcement Decree because he/she fails to perform the contract without any bankruptcy, dissolution, dishonor, or any justifiable reasons;

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