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(영문) 창원지방법원 2019.07.26 2018가단117800
분담금
Text

1. As to the Plaintiff KRW 159,119,812 and KRW 22,739,152 among them, the Defendant shall pay to the Plaintiff KRW 159,119,812 from October 31, 2017, KRW 1,458,798.

Reasons

1. Facts of recognition;

A. On December 30, 201, four companies, including the Plaintiff and the Defendant, C Co., Ltd. and D Co., Ltd. entered into a “E” contract ordered by the Gyeonggi-do City Corporation with joint supply and demand.

B. On February 28, 2015, the above company entered into a joint supply and demand agreement for the implementation of the above construction project. The main contents thereof are that the Plaintiff is the representative of four companies, and Plaintiff 53.38%, D19.92%, C16.01%, Defendant 10.68%, and Defendant 10.68%. Upon the Plaintiff’s claim for the share incurred in relation to the above construction project, each company shall deposit the share into the Plaintiff’s designated account by the 30th of the following month, and if delayed payment is made by adding the interest calculated by applying the overdue interest rate to the Plaintiff’s principal bank.

C. The Plaintiff claimed monthly contributions to the Defendant pursuant to the above Joint Supply and Demand Convention, but the Defendant did not pay KRW 164,143,043 in total from August 2017 to April 2018.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 18 (including each number), the purport of the whole pleadings

2. According to the above findings of recognition as to the Plaintiff, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff a total of KRW 164,143,043 and the contributions paid until August 2017 for KRW 3,575,68 from September 30, 2017; KRW 24,186,715 from September 31, 2017; KRW 1,458,798 from October 1, 2017; KRW 1,73,32 from November 30, 2017 to December 30, 2017; KRW 1,458,798 from March 1, 2017 to March 1, 207; KRW 1,533,32 from December 30, 2017 to December 18, 2017; and KRW 1,731,417,281,781.

The plaintiff sought 15% damages for delay per annum, but Gap evidence 4.

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