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(영문) 대전고등법원 2015.04.27 2014나11886
물품대금
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. Basic facts

A. A. Around July 11, 2011, the construction of brickd Products (hereinafter “Construction”) with the Defendant and the Korea Amateur Institute of Science and Technology (hereinafter “project owner”) constituted a joint supply and demand organization (hereinafter “instant joint supply and demand organization”) in order to jointly perform the construction of the Basic Science and Technology Complex (hereinafter “instant construction”).

Around that time, the instant joint contractor and the ordering person entered into a contract for construction works to be executed with the construction cost of KRW 12,412,610,00, and the construction period of KRW 11,711 to August 31, 2012.

(b) The main contents of the Joint Supply and Demand Standard Agreement (Evidence A No. 4) signed between the Defendant and the Construction of Walls at the time are as follows:

Section 1.(Purpose)This Agreement shall provide for an agreement to implement a contract jointly and severally in accordance with certain investment rates for the planning, tendering, execution, etc. of construction works, goods, or services by a member of a contracting body under the following contract by mobilization of financial, managerial, and technical capabilities, personnel, and equipment:

1. Contract title: New Construction (Construction) of the Basic Science Complex for KAIS;

2. Contract amount: Twelve thousand won; and

3. Name of the project owner: The name of a joint contractor, the location of the place of business, and the representative shall be as follows:

1. Title: Article 3 (Members of Joint Supply and Demand Organization) (1) Members of Joint Supply and Demand Organization shall be as follows:

1. Construction of walls;

2. The representative of the joint supply and demand organization for the defendant shall be the construction of walls.

(3) The representative shall represent the project owner and a third party, and shall have the authority to manage the property of the joint contractors, request for the payment thereof, etc.

Article 6 (Liability) Members of a joint contractor shall be jointly and severally liable for the performance of obligations under the contract to the ordering agency.

Article 9 (Ratio of Investment by Members) (1) The ratio of investment by a joint supply and demand company shall be determined as follows:

1. Construction of walls: 60%;

2. Defendant: 40%;

C. The joint contractors of this case shall thereafter be incorporated.

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