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(영문) 수원지방법원안양지원 2016.11.25 2015가합101578
약정금 등 청구의 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

. The above shares in the supply of and demand for construction are 60 per cent of the defendant, 20 per cent of the plaintiff, and Jin Construction, respectively;

B. Around December 2011, the Plaintiff and the Defendant drafted an agreement with respect to the instant construction project as follows (hereinafter “instant agreement”).

Article 3(1)(Method of Execution of Works) A(Defendant) will take charge of construction works 20% of the shares of B(Plaintiff). (2) A will complete construction with a cost rate of 91% for the remainder (hereinafter referred to as “subject amount”) of the shares of B except for some items (hereinafter referred to as “subject amount”), and A shall pay B the proceeds of 9% of the subject amount in the manner and manner provided for in this Convention.

* The target amount = Value of supply - (The target amount x 9%) (the National Health Insurance Premium, the Employment Insurance Premium, the Long-term Care Insurance Premium, the National Pension Premium, the Pension Premium for the Aged, the Pension Premium for the Long-Term Care Insurance)) 3) The earnings that A has to pay to B shall be calculated according to the following formula based on the shares in B. * The amount paid = (the target amount x 9%) = the amount of input input input input input input input input input x the cost agreed with A as a matter related to this project = The amount received from the ordering place 3) is received as the head of the Tong, and the amount is received as the head of the Tong, and Article 3(2) and (3) after the receipt of the statement of accounts and the representative's settlement statement, and where the relevant amount is delayed due to a cause of delay, the relevant interest in arrears shall be deposited into the head of the Tong presented within seven business days, and the amount concerned shall be deposited into the bank account by applying the interest rate per share of A.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion 1 of the parties concerned is that the defendant is responsible for and execute the part equivalent to the plaintiff's share during the instant construction project in accordance with the agreement of this case.

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