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(영문) 인천지방법원부천지원 2016.12.21 2016가단7137

정산금

Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 20,477,00 and 15% per annum from April 19, 2016 to the date of full payment.

Reasons

1. Facts of recognition;

A. The Plaintiff is a person who operates construction machinery with the trade name of “D,” and the Defendants are married couple, and they are registered as Defendant B with the trade name of “E” and are engaged in construction machinery operation business.

B. The Plaintiff and the Defendants agreed to divide 50% of the remainder of the amount calculated by deducting the cost from the cost of the work performed by inserting construction machinery at the construction site. From July 3, 2014 to July 18, 2015, each of the construction machinery was put into a number of construction sites and carried out work.

However, in July 2015, the Plaintiff and the Defendants decided to distribute profits each of 1/3.

C. The details that the Plaintiff and the Defendants settled according to the ratio of profit distribution of the remaining amount of money that remains after deducting the expenses from the money that they worked at a construction site are as follows

1) From KRW 60,103,00, the amount that the Plaintiff was paid to the Defendants is KRW 39,712,000 if the Plaintiff deducteds KRW 20,331,00 from the amount that the Plaintiff was paid to the Defendants. From KRW 19,856,00, 500, the Plaintiff left KRW 18,856,000 after deducting KRW 1,00,000 already paid to the Defendants. This amount is the settlement amount that the Plaintiff paid to the Defendants. 2) The amount that the Defendants was paid to the Defendants by the Defendants (excluding July 2, 2015) is 87,420,710,000 that the Plaintiff was paid to the Defendants. 35,000,000 if the Plaintiff deducteds KRW 8,70,000 already paid to the Defendants from KRW 50,00,000.

This amount is the settlement amount that the Defendants shall pay to the Plaintiff.

3) The amount to be paid by the Defendants to the Plaintiff (on July 2015, KRW 22,790,000, the Defendants received from July 2015 due to the Defendants’ work, as KRW 7,596,666, on the basis of the calculation of KRW 7,437,00, the amount of KRW 22,790,000, which was paid by the Defendants to the Plaintiff (on July 2015, the amount claimed by the Plaintiff is less than KRW

In addition to the oil value of 479,000 won paid by the Plaintiff, 7,916,000 won will be added, and when the Plaintiff deducts the amount of 6,090,000 won already paid by the Defendants, 1,826,00 won will remain.

(e).