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(영문) 광주지방법원 2018.06.07 2017나2188

약정금

Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. Basic facts

A. The defendant's status as the defendant is a company operating an aggregate extraction business, and obtained permission for aggregate extraction from Young-gun, Jeonnam-gun, Jeonnam-gun, and seven lots of land around June 2014.

B. A project execution contract between the plaintiffs and the defendant on June 27, 2014, the plaintiff A entered into a contract with the defendant to distribute the net proceeds (production quantity) accrued from the above aggregate extraction area to the defendant 80% and the plaintiff A to the share of 20% (Evidence 1-1-3). (B) Aggregate project execution contract: Aggregate E and seven lots project execution area: approximately 8,600 project area: approximately 8,600 project area: Article 1: The share of the profits accrued from the business between the defendant and the plaintiff shall be apportioned as follows: [the revenue shall be calculated by excluding the cost of production (5,300 won) and taxes necessary for the corporation (the cost of actual expenses), corporate tax, recovery deposit, expenses (the cost of actual expenses recognized by the defendant and the plaintiff).

[] Article 2: Shares of net income (production quantity) generated from the aggregate extraction place shall be 80% by the defendant and 20% by the plaintiff A. Shares in Paragraph 1: The plaintiff's shares in Paragraph 1 shall be substituted by non-cash-produced products (aggregates) (Provided, That if it is impossible to pay aggregate, the share shall be settled in cash at the unit price and the share at the time of sale and purchase,

. Paragraph 2: Aggregate distributed to Plaintiff A shall be paid by the Defendant in lieu of aggregate in accordance with the Plaintiff’s equity share 20% in the same manner each month, on the basis of the monthly output of the preceding month of the progress of the project, and the amount of investment made in the above site in the name industry shall be paid by the Defendant after full repayment to Plaintiff A.

Paragraph 3: If a plaintiff A sells in the name of the defendant, the value-added tax and corporate tax shall be reverted to the defendant, and the defendant and the plaintiff A shall jointly deposit KRW 3,00 per cubic metres, which shall be the head of the Tong designated by the defendant and the plaintiff A.

§ 3.