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1. According to the Plaintiff’s expansion of the purport of the claim in the trial, the judgment of the first instance is modified as follows.
The defendant.
Reasons
1. Facts of recognition;
A. A. A contractual relationship between the Plaintiff and the Defendant with respect to C New Construction (hereinafter “C New Construction”) around May 2010, the Defendant formed a joint supply and demand organization with KC Construction Co., Ltd. and new Eastdong Construction Co., Ltd. on a joint basis, and on May 10, 2010, it is deemed that C1-level new construction works are conducted from the Busan PPPS C New Construction Co., Ltd. (hereinafter “Additional Construction”).
(A) A corporation (hereinafter referred to as “A”) was awarded a contract and
Around August 2010, the Plaintiff succeeded to the Newdong Construction Co., Ltd. and participated in the joint supply and demand organization. With respect to Busan Construction Co., Ltd., a contract agreement was made between the contracting authority and the joint supply and demand organization which includes the following (hereinafter referred to as “joint supply and demand agreement for Busan Construction”).
(1) On May 10, 2010, ① A contractor, a joint contractor, and a manager, etc., of the construction contract under Article 2 of the Special Conditions for the Construction Contract, shall be comprised of joint contractors, and the manager shall be the defendant. ② Notice between the contractor and the contractor shall be the defendant in charge, and the subcontractor shall be deemed to have paid the whole contractor when the contractor pays the payment for the completed portion, the construction cost, etc. to the defendant.
Part I of the General Provisions of Chapter I
3. Methods of executing construction works;
(b)The activities of the joint contractors shall be co-investment, co-ownership and co-ownership in accordance with their respective shares.
4. Representative of the project and the ratio of members; and
A. The defendant shall represent the members of the ordering person and shall be responsible for all necessary measures for the smooth progress of the work until the rights and obligations against the ordering person of the construction work are completed.