분배금
1. Of the judgment of the court of first instance, the money that orders the following payment concerning the principal lawsuit is corresponding to the plaintiff (Counterclaim defendant).
1. The following facts in the summary of the case are found either to have no dispute between the parties, or to have been acknowledged upon Gap evidence Nos. 1, 2 (if any, including the number thereof; hereinafter the same shall apply), Eul evidence Nos. 1 and 11, and the testimony of the witness C of the first instance trial by considering the overall purport of the pleadings.
A. The defendant is a company established on January 21, 2005 for the purpose of dismantling of non-system structures, maintaining and managing facilities, and performing civil engineering and construction works.
B. The Plaintiff worked in the construction industry as a business employee from July 201 to August 8, 201, and was ordered to work in the capacity of the Defendant Company against the Nam Mine Construction Co., Ltd. (hereinafter “Seoul Mine Construction”). In the event that the construction contract was entered into between the Defendant and the Southern Mine Construction Co., Ltd with respect to the contracted construction work, the Plaintiff actually performed the construction work through the subcontractor, and the construction cost was paid by the Defendant from the Southern Mine Construction.
C. The Plaintiff and the Defendant agreed to distribute the construction cost that was paid from the Southern Mineral case in proportion to 9:1. Specifically, the Defendant had 10% of the construction cost, and the remainder 90% of the construction cost that was paid by the subcontractor was the method of receiving the payment from the subcontractor after the Defendant paid it to the subcontractor designated by the Plaintiff ( = the amount that the Defendant paid - the subcontract price).
(hereinafter “Agreement on Distribution Ratio of Construction Costs of this case”) D.
As above, the Southern Mine case paid KRW 191,731,883 out of the total balance of the construction work to be paid by the Plaintiff to the Defendant as the electronic bill. The Defendant received the said electronic bill at cash, as indicated below, and paid KRW 164,637,172, which remains after deducting the discounted cost of KRW 172,558,694 (the amount less than the original; hereinafter the same shall apply) from the discounted cost of KRW 90 per cent of the said electronic bill from the discounted cost of KRW 172,558,694 (the amount less than the original; hereinafter the same shall apply), but the remainder of the said electronic bill was paid.