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1. The Defendant’s KRW 19,126,287 as well as 5% per annum from November 23, 2018 to October 15, 2019 as to the Plaintiff.
Reasons
1. Basic facts
A. From July 2008, the Plaintiff had been operating a dispute resolution committee established for the purpose of electrical construction business, fire fighting business, etc.
B. The Plaintiff and the Defendant concluded an agreement on financial investment in the electrical construction business on November 19, 2014.
Article 1 (Purpose of Contract) (1) The purpose of the plaintiff is to provide a license for electrical construction business and to distribute profits when government-funded construction works are awarded a successful tender.
(2) The purpose of the defendant is to reduce the license acquisition fund under this contract and to efficiently own and operate a company owned by the principal.
Article 2 (Matters to be Observed) ① (Matters to be Observed) - Investment (License Price) - Amounting to 35,000,000 - Amount of comprehensive investment (based on 200 shares) - Amount to be performed by the Defendant - Amount to be invested (based on 200 shares) - Amount to 35,00,000 - Amount to be licensed - Amount to be maintained - Amount to be owned by the Plaintiff and the Defendant under Article 3 (Conditions of Contract) (1) of the Company Maintenance - Amount to be owned as 5:5
③ The Plaintiff may receive the construction profit under the following conditions:
Right to competitive bidding for government-funded construction works: Provided, That the defendant recognizes priority for construction works to be executed at 85% for those less than 500 million won, and at 82% for those cases of not less than 500,000 but not more than one billion won.
(3) The term of this Agreement shall be four years from the date of the contract, and it shall have the effect on cases publicly notified by December 31, 2018.
C. On November 21, 2014, the LAC changed its trade name to the KABD (hereinafter referred to as “this company”), and the Defendant was appointed as an internal director on the day.
On January 8, 2015, fire-fighting construction business was divided and established in this case.
E. The Company was awarded the following contracts:
(1) Construction: F electrical construction (G) 57,590,238 won on or around January 26, 2015. (2) H electrical construction (G), around April 26, 2016. (3) Construction: 108,326 won on or around July 11, 2016.