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(영문) 광주고등법원 2015.12.29 2013나4257
물품대금
Text

1. Paragraph 1 of the order of the first instance judgment, including the plaintiff's claim expanded in the trial, shall be amended as follows.

Reasons

1. On February 2, 2006, the Defendant, the Songsan Construction Co., Ltd., and the Saelim Industry Co., Ltd. (hereinafter “saelim Industry”) constituted a joint supply and demand organization (hereinafter “instant joint supply and demand organization”) to jointly supply B road construction works ordered by the management agency of the Republic of Korea in the Republic of Korea (hereinafter “instant construction”) and entered into a joint operation agreement with the following terms and conditions. On February 17, 2006, the period of construction of the instant construction works from February 21, 2006 to October 12, 2013; the contract amount was determined as KRW 91,410,00,000 (total amount of additional construction works KRW 91,460,00,000) and was awarded a contract by the management agency of the Republic of Korea in the manner of joint performance:

(The share was acquired by the defendant and the wind industry in accordance with the withdrawal of the joint supply and supply organization of this case during the period of the construction of the mountain village.)

5. The ratio of shares: The representative of the PPS industry [80% of civil engineering, electricity 100%], the South Sea Comprehensive Development (Defendant 10% of civil engineering), the Song Village Comprehensive Construction (Civil engineering 10% of civil engineering 10%] is a wind, and the members of the PPP consist of the South Sea General (Defendant) and the TPS General.

Article 5 (Organization of Operating Committee)

1. The head of the operating committee of the entire organization chart;

2. The members of the Steering Committee shall be comprised of the executive officers and executive secretaries (hereinafter referred to as “operating members”) of each company entrusted with authority by the representative of the joint contractors specified in the Joint Supply and Demand Agreement, and the chairperson shall be the operating members of the representative company.

Article 6 (Activities of Joint Subcontractors)

1.In the implementation of this Convention, the Corporation shall not divide the substance and area of the Project, and each company shall jointly carry out the Project, and the scope of which shall include any work to add or modify, as well as any gold contract.

2.The activities of the joint contractors shall be co-investment, co-ownership, and co-ownership in accordance with their respective contracting shares.

Article 12 (Claims and Raising of Funds)

4. Bills of exchange shall be for the convenience of business; and

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