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1. The Defendant’s KRW 379,494,247 among the Plaintiff and KRW 38,225,812 among the Plaintiff, shall be from August 26, 2013, and KRW 125,058,203.
Reasons
1. Basic facts
A. On August 5, 201, the Plaintiff: (a) organized a joint supply and demand company with the Defendant (the first trade name was “Aridong Construction Co., Ltd.”; (b) but around October 22, 201, the trade name was changed to “Fridong Construction Co., Ltd.”; and (c) on October 22, 2013, the current trade name was changed to “Fridong Construction Co., Ltd.”; (d) hereinafter “Defendant”) and Dari Construction Co., Ltd. (the first trade name was “Sridong Construction Co., Ltd.”); (c) thereafter, the trade name was changed to “Sridong Construction Co., Ltd.”; and (d) constituted a joint supply and demand company with the Defendant (hereinafter “Sridong Construction Co., Ltd.”), and received a joint contract with the Chungcheongnam-do Development Corporation for the 2nd Urban Complex Development Project from Chungcheongnam-do and Chungcheongnam-do Development Corporation (hereinafter “instant construction”).
(hereinafter “instant construction contract”). B.
On December 30, 2009, the Plaintiff entered into a joint supply and demand operation agreement with the Defendant and Dori Construction, and the main contents are as follows.
Article 3 [Members of Joint Contractor] (2) The representative of Joint Contractor shall be the plaintiff.
(3) The representative of a joint contractor shall represent the project owner and a third party, and shall have the authority to manage the property, request for payment, etc. thereof.
Article 9 (Ratio of Investment by Members) (1) The ratio of investment by joint contractors shall be determined as follows:
1. Plaintiff: 51%;
2. Defendant: 25%;
3. Where profits or losses are incurred after fulfilling a contract under Article 10 (Distribution of Profit and Loss) of the 24% of the Postal Construction Act, the profits or losses shall be distributed or shared at the rate prescribed in Article 9;
C. In the course of implementing the instant construction contract, the Plaintiff filed a claim for joint contributions to the Defendant according to its equity ratio from November 30, 2009 to December 31, 2013, by settling accounts of the construction cost and monthly payment from November 30, 2009. However, the Plaintiff did not receive a total of KRW 379,494,247 from the Defendant until now.