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(영문) 서울고등법원 2017.10.11 2017나2011504
공탁금출급청구권확인
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. In around 2006, the Defendant of a joint supply and demand organization under the Joint Supply and Demand Agreement, the members construction industry, and the construction companies and 15 other construction companies entered into a joint supply and demand agreement to jointly supply the “construction work on the commercial-Yancheon Expressway Expressway” (hereinafter “construction work on the instant construction work”) ordered by the resident-Yancheon Expressway Highway Co., Ltd. (the trade name before the alteration is referred to as the “Yancheon Highway Co., Ltd.”).

The main contents of the joint supply and demand agreement shall be as follows:

[The amendment of the Joint Supply and Demand Convention appears to have been made after the formation of the Joint Supply and Demand Agreement due to the change of members, etc., and in this case, the parties do not specifically dispute the application of the Joint Supply and Demand Convention (No. 4) on June 2012, the above Joint Supply and Demand Convention shall be deemed to be based on the above Joint Supply and Demand Convention. The purpose of Article 1 (Purpose) of the Convention is to provide for all matters necessary for the members of Article 3 to implement the instant construction project ordered by the Permanent Permanent Rental Expressway as the joint

Article 3 (Ratio of Shares by Members and Members of Joint Contractor) (2) The ratio of shares in the contract by members and members of Joint Contractor shall be as follows:

1. Defendant: 31.30%; 12. Members construction industry: 2.50% (representative and authority of a joint contractor)

(2) The representative shall represent joint contractors to the project owner and third parties.

(3) Each member of a joint supply and demand organization shall pay or have others pay the cost settlement amount to the members concerned after settling the settlement of accounts, as prescribed in Article 23, and if any person remains unpaid the cost settlement amount without any justifiable reasons, his/her authority provided for in Article 22 (2) (1) shall be the joint supply and demand organization.

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