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1. The defendant shall pay KRW 5,884,931 to the plaintiff.
2. The plaintiff's remaining claims are dismissed.
3. The costs of lawsuit;
Reasons
1. Basic facts
A. On November 17, 2016, the Plaintiff, the Defendant, C (hereinafter “C”), and D (hereinafter “D”) constituted a joint supply and demand organization with the representative company of C, and participated in the bidding of the E Corporation ordered by the Korea Land and Housing Corporation (hereinafter “instant construction”), and subsequently, entered into a construction contract with the Korea Land and Housing Corporation (hereinafter “instant construction contract”).
B. According to the joint supply and demand agreement entered into between the above four companies with respect to the instant construction works, the share of the joint supply and demand organization shall be C36%, 34%, 17%, and 413%, and C shall have the authority to claim, receive, distribute the construction cost by designating as the representative of the joint supply and demand organization, but for the operation of the joint supply and demand organization, a management committee was established, which is the highest decision-making body comprised of four members delegated by the representative director of each member, and if it is not specified in the joint supply and demand agreement or necessary to supplement in detail, it shall be agreed upon by the management committee.
C. On December 13, 2018, C sent to the Plaintiff, the Defendant, and D an official document in the title “the settlement of accounts related to the completion of the instant construction” (hereinafter “the settlement of accounts in this case”). According to this, the Defendant stated that: (a) the Defendant shall return KRW 243,584,906; and (b) D shall return KRW 252,126,759, respectively; and (c) the Plaintiff shall receive KRW 214,029,260; and (d) C shall receive KRW 281,682,40,405, respectively.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 3 (including branch numbers for those with additional numbers; hereinafter the same shall apply) and the purport of the whole pleadings
2. The parties' assertion
A. The above four companies asserted by the plaintiff shall pay the total amount of the construction price in excess of D for convenience through consultation after receiving the settlement details of this case, and the defendant shall pay the total amount of the construction price in excess of D for convenience C, and 214,029.