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1. The Defendant’s KRW 918,556,774 for the Plaintiff and KRW 6% per annum from February 19, 2014 to November 28, 2014.
Reasons
1. Basic facts
A. (i) On December 2010, the Plaintiff entered into a contract for construction work with the construction company for the supply and demand of Kim Han-han City Ab-01, 02 B-1, and 02 B-T block from the construction company of Gyeonggi-do, by forming a joint supply and demand organization with the construction company for the joint use, the construction company for the joint use, the company for Han Han-han Construction, the gold Industry, the
(B) In the case of a corporation, the name of the corporation is omitted from the second, and the joint supply and demand company is a joint supply and demand company, a participating company, the above construction work of this case, and the above contract for the construction work of this case). Sheshe concluded a joint contract after the conclusion of the contract for the construction work of this case, the member company appointed the plaintiff as the representative
(C) According to the joint contract operation agreement of this case, a participant’s share is 40%, 15%, 20%, 15%, 15%, Pacific Development, 10%, and 10%, and Pacific Development. The Plaintiff bears the authority and duty to claim, receive, and manage the construction cost as a representative company, and the Plaintiff pays the material cost, personnel expenses, equipment expenses, etc. for the instant construction project (hereinafter “construction cost”), the constituent company is required to pay the Plaintiff a pro rata share (hereinafter “pro rata share”).
(Article 16(1). According to the joint contract agreement of this case, the progress payment received from the Gyeonggi-do City Corporation shall be received individually through the deposit account of the constituent company, but it shall be used preferentially by the Plaintiff for the payment of divided payment to the cost of the construction project.
B. (i) Construction, such as the opening of a joint name account, was paid as progress payment from the Gyeonggi-do Urban Construction Corporation, and was not paid as a dividend payment to the Plaintiff for three months from July 2012, and the Plaintiff opened a deposit account in the name of the Plaintiff and the joint account between the Plaintiff and the two-use construction.