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(영문) 울산지방법원 2014.10.16 2012가합7133
약정금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. A separate consultation between Defendant 10 million won and KRW 500,000,000,000 below KRW 1 billion and KRW 500,000,000 below KRW 1 billion, but above KRW 90,00 per cent, 91%, 92.5% of the 92.5% of the basic facts

A. A. Around 2008, the Plaintiff entered into a business agreement with the Defendant to the effect that: (a) the Plaintiff received an order for construction and civil engineering works under the name of the Defendant from a non-party Ho Chang Machinery Industry Co., Ltd. (hereinafter “non-party company”); (b) the Plaintiff performed the construction work and field document work; and (c) the Defendant performed the management and head office document work; and (d) the Plaintiff was paid an amount calculated by deducting the actual cost from the remainder, excluding the share to be paid by the Defendant among the construction cost distributed at the following ratio (hereinafter “

B. The construction work ordered by the Plaintiff in the year 2008 under the name of the Defendant and the costs incurred by the Corporation are as follows.

C. In around 2009, the Plaintiff entered into a business agreement with the Defendant on the content that the Plaintiff and the Defendant agree to distribute 50% each of the profits (hereinafter “the second agreement”) after deducting the actual input cost from the construction cost received from the non-party company by modifying the content of the first agreement with the Defendant.

The details of construction ordered by the non-party company in the name of the defendant after 2009 and the expenses incurred by the Corporation shall be as follows:

[Ground of Recognition] Facts without dispute, Gap's entries, Gap's 4, 7 through 13, 16, 17, 18, 19, 21 through 34, 37, 40, 42 through 49, Eul's 1 and 2 (including additional numbers), and the purport of the whole pleadings

2. Determination as to the cause of claim

A. According to the above facts of recognition, the Defendant is obligated to pay the agreed amount to be distributed to the Plaintiff in accordance with the first and second agreements (i.e., 581,521,979 won (i., e., 536,375,560 won in the year 2008), and damages for delay after 209.

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