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(영문) 의정부지방법원 2017.11.30 2016가단100546
약정금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

On April 2010, the Plaintiff asserted by the parties, as of early April 2010, between C and the Defendant Company’s representative director, received orders for construction works under the name of the Defendant Company, and performed construction works by giving a subcontract to another construction business entity directly or by another construction business entity. The Defendant Company only brought 3% of the total construction cost received by the Plaintiff, and the remainder was paid by the Plaintiff, and all other expenses, including industrial accident insurance, safety management, and expenses incurred in the production of goods, etc., shall be borne by the Plaintiff (hereinafter “instant agreement”).

Accordingly, on March 27, 2014, the Plaintiff, in accordance with the instant agreement, received a contract from a contractor under the name of the Defendant Company for D Construction Work (hereinafter “instant construction work”) to KRW 3,11740,000 (including value-added tax) for construction cost of KRW 3,11740,000 (including value-added tax), and then changed the instant construction cost into KRW 2,20,000 (including value-added tax) between the clean environment on July 17, 2014.

The Plaintiff directly operated a part of the instant construction work contracted from the clean environment, and partially subcontracted to Econstruction, which is another subcontractor, and completed the subcontracted work. The clean environment paid to the Defendant Company the total amount of KRW 375 million including KRW 20 million on October 16, 2014, and KRW 175 million on February 26, 2015, as the remainder of the instant construction work.

In accordance with the instant agreement, the Defendant Company brought KRW 60 million out of the construction cost of this case 2 billion to KRW 375 million, and thus, the Defendant Company is obligated to pay the Plaintiff the remainder KRW 24,65 million after deducting the construction cost of KRW 12,85 million paid by the Defendant Company to F, which is the Plaintiff’s subcontractor, from the remainder of the construction cost of KRW 375,500,000,000,000 paid by the Defendant Company to F, which is the Plaintiff’s subcontractor. Accordingly, the Plaintiff is liable to pay the Plaintiff the remainder of KRW 190,000,000,000 ( = 375,00,000 - 12,50,000,000).

The defendant company's assertion that the defendant company is an employee of the defendant company and this case.

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