(영문) 수원지방법원 2017.02.08 2016가단519542

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(영문) 수원지방법원 2017.02.08 2016가단519542

정산금청구의 소

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On May 30, 2015, after receiving a contract from C for three multi-household construction projects on the land of Incheon Nam-gu, E, and Yeonsu-gu, Incheon, for the construction period of construction from May 30, 2015 to July 30, 2015, he subcontracted the construction period of KRW 372 million to the Defendant from May 30 to July 30, 2015.

B. On May 30, 2015, the Defendant re-subcontracted the instant construction work amounting to KRW 184.6 million to G.

C. After that, according to the Defendant’s waiver of the above E’s structural frame, the re-subcontract amount between the Defendant and G was changed from KRW 184.6 million to KRW 132.6 million.

On September 21, 2015, when Scar General Construction renounced the said new construction, C and the Defendant settled the progress payment for the instant construction at KRW 158.55 million, and concluded an urban-type studio construction contract with C as the ordering person and the Defendant as the contractor for the work in order to perform the remainder of the construction site in the Nam-gu Incheon Metropolitan City D construction site. From October 12, 2015 to November 20, 2015, the construction cost of which is KRW 128.1 million was determined as the construction cost.

C. The Defendant completed the instant construction work.

[Ground of recognition] In the absence of dispute, Gap evidence Nos. 1, 4 through 6, 8, 17, and 18, and the purport of the argument as a whole, the plaintiff asserted that the plaintiff did not pay 91,171,585,500 won of profit, excluding H, at the end of June 2015, the profit of the plaintiff, the defendant, and the defendant, after being awarded a contract with the defendant for the construction of this case under the name of the defendant and the defendant for the construction of this case, and then the plaintiff, the defendant and the defendant agreed to divide the profit of this case from the Dong business at the rate of 50:50,00,00,000 won of construction cost of this case, excluding the profit of 28,650,000 won of construction cost of this case.

Therefore, it is examined whether the agreement between the plaintiff and the defendant was concluded or not.

유사 판례

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