beta
Text
1. The Defendant’s KRW 31,261,315 as well as 5% per annum from February 7, 2013 to August 22, 2014 to the Plaintiff.
Reasons
1. The parties' assertion
A. The Plaintiff’s assertion and the Defendant agreed from April 201 to May 2012 that the said construction works shall be carried out as a partnership business, and one half of the construction expenses shall be borne by them, and half of the profits therefrom shall be divided. The Defendant kept the construction expenses in entirety, but paid half of the profits to the Plaintiff.
The cost of the construction work performed by the original and the Defendant in the partnership is KRW 518,891,580 in total, and the cost incurred by the Plaintiff in relation to the said construction work is KRW 17,814,562 in total, and the cost incurred by the Defendant is KRW 319,725,30 in total. As such, the Defendant is obligated to pay the Plaintiff the settlement payment due to the termination of the partnership relationship 9,583,125 won (= KRW 518,891,580 in - KRW 319,725,30 in - KRW 319,725,30 in - KRW 319,725,281 in - KRW 17,814,562 in ± 208,490,406 in total, and delay damages therefrom.
B. The defendant's assertion that he did not work together with the plaintiff's assertion. However, during the period so claimed by the plaintiff, the defendant borrowed the name of the plaintiff who registered the business from the plaintiff and supplied the construction work, participated in the construction work, and paid the plaintiff the remuneration and wage for the name lending. Since the above remuneration and wage are paid to the plaintiff, the plaintiff's claim cannot be complied
2. Determination
A. The Plaintiff and the Defendant, from April 201 to March 201, bears half the expenses to be incurred in performing the said construction work, and the profits therefrom are divided by half. However, the Plaintiff, who registered the business under the name of “C”, received the construction work and paid the construction cost to the Defendant once, and then calculated the profits that the Defendant paid and paid to the Plaintiff. 2) The Plaintiff and the Defendant stated the following table from April 201 to March 201 (hereinafter “the payment statement of the construction cost in this case”) and the name of “the contractor” and “the name of the construction work.”