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(영문) 부산지방법원 2020.08.18 2019가단339280
공사대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff's assertion is a person operating C's agency, and if the plaintiff establishes so-called "Guhyeong" house by establishing a window selling the plaintiff's apartment house by leasing one apartment house, etc., the defendant publicizeds the plaintiff's products and attracts the customers by using it, and the plaintiff decided to distribute half of the profits or losses after deducting expenses from the defendant's payment for the creative installation works to the customer who has been induced by the defendant.

In this way, the plaintiff concludes 14 customers attracting by the defendant with 16 creative installation contracts and completed the construction work.

The contractor’s construction cost (cost) paid by the Defendant to the Plaintiff directly to the customer (won) as KRW 18,720,000,800 E 21,850,000 E 21,850,000,200 F (former House) 258,900 G 18,920,920,000 G 11,400,647,910 H 70,003,0003,812,690,000,000, total of KRW 11,400,000,000, 812,90,90,390,90,200,719,500, 1509, 250,709, and 50,000, 150,000, 105,000, 19,250,000.

In addition, the Defendant’s net income (i.e., KRW 8,545,819) equivalent to the Defendant’s share out of the Defendant’s net income (i.e., KRW 17,754,819) that the Plaintiff earned by entering into a creative construction contract with the customers, and (ii) was already paid KRW 17,754,228 under the pretext of profit distribution. As such, the Defendant should return the said amount (i.e., KRW 17,754,228 - KRW 8,545,819) to the Plaintiff.

③ The Plaintiff agreed to distribute profits with the Defendant in the above manner, and set up “a unit with an apartment unit,” the second “Guarding house,” which was brought into KRW 24,595,982, and deducted part of the construction cost to be received from the lessor (the obligor for the construction cost) from the Plaintiff and deducted the remainder of KRW 13.5 million.

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