beta
Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. If B introduced the ground survey work to be received by the Defendant between the Defendant and the Plaintiff’s representative director, and received orders, the Defendant shall pay 20% of the total construction amount to the Plaintiff designated by B. However, B decided to receive orders for the Defendant through Nonparty C, and the Defendant paid to C the amount determined by the share agreement between B and C among the fees that the Defendant agreed to pay.
B. Around June 2012, the Defendant received each contract for “D Construction Work” in KRW 210 million, and around October 2012, the “E Corporation” in KRW 400 million.
(hereinafter “each of the instant construction works”). [Grounds for recognition] The fact that no dispute exists, the purport of the entire pleadings, and the purport of the entire pleadings
2. The Plaintiff’s assertion and determination made with the Defendant, and the Plaintiff agreed to pay 20% of the construction cost that the Defendant received by the Defendant via C to C when the Defendant pays to the Plaintiff, 5% of the construction cost. Thus, the Defendant asserts that the Plaintiff shall pay the Plaintiff KRW 13,4420,00 (including value-added tax) with the total construction cost of KRW 61,100,000,000 (including value-added tax) of each of the instant construction cost, which is KRW 71,50,000,000,000,000,
As seen above, it is recognized that there was an agreement between the defendant and B to pay 20% of the construction cost of the construction work that the defendant ordered through C, but in full view of the entries in the evidence No. 2 and the purport of the whole arguments in witness C’s testimony, B and C received 20% of the construction cost from the defendant with respect to the construction work that the defendant ordered through C as a fee, and it is recognized that 5% of the construction cost is to settle 50% of the remainder after C received as activity expenses and deducted it. On the other hand, as alleged by the plaintiff, between the defendant and B and C, the plaintiff receives 20% of the construction cost from the defendant in advance.