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(영문) 광주지방법원해남지원 2015.11.11 2014가합318
정산금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. In order to receive a subcontract for the installation work of temporary replacement facilities for the high-speed high-speed railway station and the construction work of a temporary connecting passage in which the project owner has received a contract from the project owner, the plaintiff (the plaintiff) proposed that the defendant, who has a license for the above construction work, execute the construction work together with the plaintiff, instead of accepting the above construction work from the project owner, and distribute the profits to the plaintiff.

Accordingly, on May 19, 201, the Plaintiff and the Defendant concluded a memorandum of understanding (Evidence A No. 1; hereinafter “instant memorandum of understanding”) with the purport that they will cooperate in the joint implementation of the construction works for temporary replacement facilities for the Southern High-speed Railroad (hereinafter “the instant primary construction works”) under a subcontract, and there was no specific determination on the distribution of profits, etc.

B. On June 201, the Defendant received a subcontract for the instant primary construction from the branch Es. Construction Co., Ltd., and the Plaintiff and the Defendant performed the instant primary construction project by dividing the instant primary construction project into the construction project area and completed the construction project around September 201.

around October 201, the Defendant paid KRW 100 million out of KRW 200 million to the Plaintiff, excluding the money paid as construction cost of the instant primary construction project.

C. On October 30, 2011, the Defendant accepted a subcontract for the construction of a temporary connecting passage from the Honam High-speed Railroad Construction Co., Ltd. (hereinafter “instant secondary construction”). The Plaintiff and the Defendant agreed to perform the instant secondary construction work and pay part of the profits to the Plaintiff after consultation with the Plaintiff after the completion of the construction work.

(hereinafter “instant agreement”). Accordingly, the Plaintiff commenced construction during the construction.

The parties to the understanding of the obligation to deposit a profit-designated account under the business partnership understanding: the plaintiff and the defendant 1.

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