공사이익금
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. The plaintiff's assertion
A. A. On December 2009, the Defendant agreed to the Plaintiff, a professional engineer of automatic control corporation, “If the Plaintiff orders automatic control in the name of C, he would pay to the Plaintiff the profit after deducting the cost and taxes from the sales amount.”
The Plaintiff entered into a partnership agreement between the Defendant and F with respect to the piping Corporation among the facility works awarded by C among the facility works awarded by the Defendant and the Defendant, G, the automatic control corporation, the Plaintiff, and the subsequent profits therefrom, to distribute them to each field of construction.
From October 2010 to September 30, 2014, the Plaintiff ordered A, Seoul Guarantee Insurance, I, and J to receive automatic control from H, and KRW 37 million in 2010, KRW 2080,000,000 in 2011, KRW 3110,000 in 2012, KRW 259,852,854 in 2013, KRW 259,852,852,854 in operating income in 2013, the Plaintiff paid KRW 69,955,585 in material cost related to the K automatically control.
Meanwhile, the Plaintiff received KRW 100,000 per month from January 201 to November 201, and KRW 300,000 per month from December 201 to April 2014, and received KRW 110,000,000 per month in the form of benefits, and appropriated it to the proceeds, and received KRW 20,000,000,000,000 out of the proceeds of E Corporation received in 2011. < Amended by Act No. 11333, Mar. 5, 2012>
The Plaintiff seeks payment of KRW 20 million, which is the sum of KRW 20,000,000,000 which was received in 2011, KRW 129,926,427, half of the operating income in 2013, and KRW 69,955,585, which was paid by the Plaintiff on behalf of C, out of the above amount.
B. Around May 2010, the Defendant agreed to allow the Plaintiff to reside on the second floor of the fifth floor of the Incheon Jung-gu P, Jung-gu, Incheon, which is owned by the Defendant and to subsidize the interior cost of KRW 5 million. Thus, the Defendant sought payment of KRW 5 million.
2. Determination
A. A. 10-1 to 5, and 12.