logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원 2018.08.16 2016가합4722
구상금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff is a corporation established on March 21, 1991 for the purpose of civil engineering, construction work, etc.

The deceased E (hereinafter referred to as “the deceased”) was actually operating the Plaintiff Company since before 2004, and died on March 26, 2012. Defendant B is the deceased’s wife, and Defendant C and Defendant D are the deceased’s heirs.

The F served as the representative director of the Plaintiff from December 24, 2004 to December 2007, and after the Deceased’s death, the F served as the representative director of the Plaintiff on March 29, 2013.

B. On April 12, 2005, the Plaintiff was awarded a contract for construction cost of KRW 3.08 billion in the construction cost for the construction of J building on the land outside of Incheon, the I and I on the land of the land outside of Incheon, Incheon, for the construction cost of KRW 1.0 billion.

C. On April 18, 2005, the Plaintiff entered into a construction agreement including the following (hereinafter “instant agreement”) for the construction of the instant building with a limited liability company, and paid KRW 200 million to K, subcontractor, etc. at around that time.

Article 2. Initial Investment and Participating Shares

1. The Plaintiff and Thai Construction shall determine the billion won (400,000,000 won) as the initial amount invested at the time of the instant construction, and shall execute the funds at the time of the contract for construction work.

2. The Plaintiff and Thai Construction will determine their respective investment shares as one-half of the total amount of investment and make an investment of each of these billions (200,000,000).

3. The plaintiff and Thai Construction shall, in principle, 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, in the event that the Plaintiff secured the amount of subcontract advance payment upon the receipt of the first progress payment, the Plaintiff shall give priority to the payment of KRW 100,000,000, which is the initial investment cost of Tae

2. The Plaintiff’s payment statement of the construction cost after the completion of the payment of the construction cost and the profits therefrom.

arrow