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(영문) 광주고등법원 2016.12.30 2015나1375
공사대금
Text

1. The part of the judgment of the court of first instance against the plaintiff (Counterclaim defendant) who ordered payment in excess of the following amount shall be revoked, and that part shall be revoked:

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff is a business proprietor who registers his/her business in his/her trade name and operates a construction business wholesale retail, such as special painting, flood control, interior architecture, board board, paint, etc. while having his/her place of business in opticalyang.

Before the plaintiff is entrusted with C's representative, D, the father of the plaintiff directly handled C's affairs such as contracts and contracts, and D, prior to the change to C, was engaged in construction business with "E (F in the name of the representative)".

The defendant company has a place of business at port and is an indoor construction business or building business.

B. On July 1, 2011, the Defendant Co., Ltd. entered into a branch contract (hereinafter “instant branch contract”) with the content that D, a local headquarters of the Defendant Co., Ltd. (hereinafter “Defendant Co., Ltd.”) shall carry out construction business with its place of business and D, a regional headquarters of the Defendant Co., Ltd. (hereinafter “instant branch contract”), and D shall pay the Defendant the amount equivalent to 9% of the total construction amount as profit in return for the profit of the Defendant Co., Ltd. (hereinafter “instant branch contract”).

The main contents of the instant branch contract are as follows.

However, the profit that D shall pay to the defendant has been changed to 5% of the amount of the contract ordered by the parties after the conclusion of the contract.

The defendant and D shall enter into a contract with the regional headquarters / branch office (or mining establishment) contract as follows:

Article 1 Section D shall perform relevant duties as the head of the regional headquarters of the defendant's regional headquarters within the area designated by the defendant.

The designated area: the contract period of the Mine-si area (co-contractors related to sco construction): from July 1, 201 to three years.

Article 2

1.The regional headquarters and the regional headquarters shall, in carrying out construction-related contracting projects within the Magyangco, operate an independent accounting system in accordance with a separate project, and the profit shall be in accordance with a mutual agreement.

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