logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원목포지원 2015.07.22 2014가단51631
분배금 청구의 소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. Nonparty Daesan Construction Industry Co., Ltd. (hereinafter “Nonindicted Company”) was awarded a contract with the Korea National Land Management Office for the confirmation of the State-funded Do road construction work between E-F, and the Plaintiffs, the Defendant, and the Nonparty G, H, and I (hereinafter “Nonindicted Korea”) are livestock raisers raising Chinese cattle in the J of the Gun in the Jeonnam-do, the area near the construction site.

B. On February 21, 2014, Nonparty Co., Ltd.: (a) calculated the amount agreed upon by the agreement on compensation for damages to Korea-style cattle raised at a stable located in J due to the package work with the Plaintiffs, Defendant, and Nonparty on February 21, 2014; (b) agreed to pay KRW 180 million per 120,000,000,000,000 won per head; and (c) paid all the said amount to the Defendant, its representative

Plaintiff A 34Du 495,800 won for each of the monetary deposits of Plaintiff B 29Du14,378,200 won for each of Plaintiff C 29Du14,378,200 won for each of the cash deposits of Plaintiff C 85Du42,143,00 won for each of the cash payments of KRW 88Du43,630,40 for Nonparty A 26,277,400 for each of the cash payments of KRW 145Du22,31,00 for Non-party A 88Du43,630,00 for each of the cash payments of KRW 88Du43,630,00 for Non-party 145Du22,31,00 for each of

C. The Defendant distributed and paid the said agreed amount in accordance with the two sets raised from livestock pens in the above J as follows.

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 2-2, Eul evidence 3, fact-finding results and the purport of whole pleadings

2. Determination as to the cause of action

A. The gist of the plaintiffs' primary claim 1) The plaintiffs, the defendant, and the non-party agreed to equally divide the agreed amount of KRW 180 million paid by the non-party company, so if the above agreed amount of KRW 70 million, the defendant paid the plaintiffs the amount of KRW 25,714,285, respectively. Therefore, the defendant shall pay the plaintiffs the amount of money that is the main claim corresponding to the difference. 2) The evidence submitted by the plaintiffs is alone between the plaintiffs, the defendant, and the non-party.

arrow