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(영문) 청주지방법원 2016.03.16 2014가단17381

정산금

Text

1. The Defendant’s KRW 29,452,250 for the Plaintiff and 5% per annum from September 17, 2014 to March 16, 2016.

Reasons

1. Facts of recognition;

A. A. On June 2012, with respect to the CBuilding Construction Works (hereinafter “C Building Construction Works”), around 1,000,000 won (excluding value-added tax) was awarded to the Plaintiff and the Defendant, who borrowed the name of the Dagjin Comprehensive Construction Co., Ltd. (hereinafter “Ogjin Comprehensive Construction”) in the name of the Dagyeong-gun D and E-Ground Building Construction Work (hereinafter “C Building Construction Work”).

The Plaintiff and the Defendant agreed to divide the profits and losses incurred after the construction of the C Building into two parts.

around June 11, 2013, the C Building Corporation was completed and registered to preserve ownership. (No. 1, 2, 6)

(Evidence A, Nos. 3 and 4) The Defendant received KRW 973,00,000 from F as the construction price.

(A) Evidence No. 5

B. On August 27, 2012, concerning “G Corporation”, the owner contracted the construction price of KRW 90,000 (including value-added tax) to the Plaintiff and the Defendant who borrowed the name of the construction of the general construction of the construction of the G Corporation (hereinafter “G Corporation”).

The Plaintiff and the Defendant agreed to divide profits and losses incurred after G Corporation into two parts.

(No. 1) The Defendant received 320,000,000 won as the construction price from H.

(A) Evidence No. 5

C. The Defendant received the total amount of KRW 1,293,00,000 from the owner of the building with the cost of Cbuilding construction and G construction.

In addition, the plaintiff received 14,800,000 won as construction cost.

[Reasons for Recognition] Unsatisfy (in particular, see Protocol of Date for Preparatory Pleadings of August 7, 2015), entry of each of the above documentary evidence, the purport of the whole pleadings

2. The profit and loss that the Plaintiff and the Defendant should bring to the calculation of the remainder, if the Plaintiff and the Defendant reflects the remainder, after deducting the construction cost and the respective construction cost from the construction cost received in connection with Cbuilding construction and G construction.

It is the amount that the plaintiff and the defendant have already settled the amount of money that the plaintiff had already brought to, or have to be returned to the plaintiff.

However, the defendant manages the funds.