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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Determination on the claim for distribution of profits
A. On December 12, 2014, the Plaintiff’s summary of the Plaintiff’s assertion concluded an agreement on the distribution of profits that the Plaintiff and the Defendant agreed to distribute profits accrued from the Defendant’s construction works at the ratio of 4:6.
After the conclusion of the above agreement, the defendant made a total of 348,950,046 won by performing the construction of the annual unit price for the maintenance and repair of the B facilities, C road facilities, and D elementary school extension works at the time of the strike.
Therefore, the Defendant is obligated to pay to the Plaintiff the remainder of KRW 42,969,00,000 paid by the Defendant with the analysis fees related to the receipt of contracts from KRW 139,580,01 equivalent to 4/10 of the above profits, which is the remainder of KRW 96,61,018, and damages for delay.
B. Comprehensively taking account of the descriptions of evidence No. 2 and the purport of the entire pleadings, the Plaintiff may recognize the fact that on December 12, 2014, the Plaintiff entered into an agreement with the Defendant on the same content as the following table 1 (hereinafter “instant agreement”), and the fact that the Defendant ordered the same construction work as the following table No. 2 (hereinafter “instant construction work”) (hereinafter collectively referred to as “instant agreement”), does not conflict between the parties.
section 1 (Purpose) of the table 1 is to have the authority to distribute profits and to operate the site in accordance with the following provisions and agreements with respect to the amount of profit accrued after the project is selected as a party to real estate transactions from the corporation by taking the expenses of an individual and other investors into account the expenses of an individual.
Article 2 (Business Subject to Application) With respect to profits from all business that are acquired by several owners through their business activities, all sites of such business shall be applied without fixing a period.
(1) Earnings generated from all real estate transactions shall be revenues.
(2) Profits accrued from the implementation of all real estate.