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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On April 12, 2005, the Defendant was awarded a contract from B and C for the construction of the E-building building (hereinafter “instant construction”) to KRW 3,080,000,00 of the construction cost on the ground of the land (hereinafter “instant land”) outside Incheon-gun D and one parcel of land (hereinafter “instant land”).
B. On April 18, 2005, the Plaintiff and the Defendant drafted an agreement on construction works (hereinafter “instant agreement”) with respect to the rights, responsibilities, etc. on joint investment and construction of the instant construction works, the main contents of which are the following:
Article 2. Initial Investment and Participating Shares
1. The Defendant and the Plaintiff set the KRW 400,000 ( KRW 400,000) as the initial investment amount of the instant construction project, and shall execute the funds at the time of the contract for construction project.
2. The Defendant and the Plaintiff intend to set their respective investment shares as one-half of the total amount invested, and make an investment of each of them as KRW 200,000 (20,000).
3. In principle, the defendant and the plaintiff shall distribute profits as mutually equal investors according to their investment shares.
Article 4 Time of Recovery of Investment Funds and Distribution of Profits
1. In principle, the Defendant shall give priority to the payment of KRW 100,000,00,000,000, which is the initial investment cost of the Plaintiff, within the remaining progress payment where the Defendant
2. The defendant shall immediately perform the distribution and execution of earnings, along with a detailed statement of the settlement of actual expenses of the construction cost after the completion of the construction cost.
Article 5 Rights and Responsibilities
3. The defendant and the plaintiff also set forth the liability for the above losses of the corporation as 1/2 equal to the investment ratio.
[Ground of recognition] Facts without dispute, Gap evidence No. 1, Eul evidence No. 1, the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff paid KRW 200 million to the Defendant in accordance with the instant agreement, and the Defendant completed the instant construction in around 2006, and thus, the Plaintiff paid KRW 200 million to the Plaintiff pursuant to Article 4(1) of the instant agreement.