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1. The defendant shall pay 103,201,780 won to the plaintiff and 20% per annum from June 3, 2014 to the day of complete payment.
Reasons
1. Basic facts
A. The Plaintiff is a company established on May 29, 2008 for the purpose of waste disposal business, and the Defendant has been engaged in the manufacturing and wholesale business of elevator parts in the trade name from August 20, 2001 to C.
B. From May 6, 2011, while the Plaintiff supplied the Defendant with elevator materials, such as powder and scrap metal, D, which was responsible for the representative director, concluded a joint business agreement on August 3, 201 (hereinafter “instant agreement”) by proposing to the Defendant, and the main contents thereof are as follows.
E Representative D (hereinafter referred to as “A”) and C Representative B (hereinafter referred to as “B”) shall prepare between themselves an agreement for the joint management business of manufacture and sale of elevatorwa, as follows:
Article 1(Purpose)The present Arrangement provides land and buildings owned by A, and “B” provides elevator production facilities, technology, and sales place, and jointly operates an elevator wale specialized manufacturer.
Article 2 (Trade Name and Representative of Company) The trade name of the joint operation enterprise shall be “C” and the representative shall jointly and mutually consult.
Article 5 (Payment of Price A) The term "A" shall pay 2.5 million won per day to "B" as premium for the production facilities, technology, and sales contract (other than the current elevator) of elevator wait owned by "B".
Provided, That the agreement of “B” shall be paid KRW 100 million, KRW 100 million in the relocation of Kimpo-si by “B”, and KRW 50 million in December.
Article 7 (Distribution of Profits) "A" and "B" shall distribute profits (net profit after the settlement of accounts for a period) generated from joint management, such as the production, sale, etc. of elevator wait, to Gap 70% and Eul 30%.
C. After the conclusion of the instant agreement, the Plaintiff supplied the materials to the Defendant until February 23, 2012.
[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, Eul evidence 1 and 4.