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1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On June 9, 2016, the Plaintiff and E Co., Ltd. (hereinafter “E”) jointly entered into a contract for the construction of the F police station (hereinafter “instant contract”) between the Defendant and the Republic of Korea to receive a contract for the construction of the F police station (hereinafter “instant construction”). The Plaintiff is the representative company, the Plaintiff’s share of 51%: 49%, and the Plaintiff and E’s share of 51%: the construction cost was finally determined at KRW 10,30,764,90.
B. The Plaintiff and E drafted a joint contract operation agreement on mutual rights and obligations arising from joint supply and demand and on the operation of joint business (hereinafter “instant agreement”). The main contents are as follows.
Article 1 (Purpose) This Agreement is to implement a standard agreement for joint supply and demand (joint implementation methods) attached at the time of the conclusion of the contract with the Plaintiff and E in the joint execution of new construction works of the F Police Station and to establish a coordination and detailed agreement with each other for the successful implementation of the project.
Article 4 (Power of Representative Director)
1. The representative of the joint recipients shall be the plaintiff;
2. The representative company shall represent its members to the ordering points and third parties.
5. Claim for the construction cost;
6. In order to carry out the purposes prescribed in Article 1, members under Article 5 (Liability of Members) of the management of property belonging to a joint construction enterprise shall faithfully carry out the management by using all knowledge, skills, etc. on the basis of good faith, sincerity, and neighboring aspects;
In addition, joint and several liability for the ordering person and between the members should be borne by the individual responsibility so that the other party may not suffer any loss.
Section 21 (Restriction on Assignment of Rights and Obligations) Members may not transfer rights and obligations under this Agreement to a third party.
- Article 29 (Measures against Early Withdrawal)
1. Any member of a joint venture who has failed to perform his/her basic obligations (any joint supply and demand agreement, any fund raising, wages, recruitment of employees, etc.) without justifiable grounds;