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(영문) 수원지방법원여주지원 2017.11.15 2016가합5671
약정금
Text

1. The Defendant’s KRW 244,669,394 as well as the Plaintiff’s annual rate from April 30, 2016 to November 15, 2017.

Reasons

1. Basic facts

A. On April 2015, the Plaintiff entered into a joint supply agreement with the Defendant, under which the members of the joint supply and demand organization, the Defendant are the joint supply and demand organization, and the Plaintiff entered into a joint supply and demand agreement between the Defendant and the Gyeonggi-do Office of Education’s Office of Education (hereinafter “instant construction”) to jointly supply and demand a new construction project ordered by the Gyeonggi-do Office of Education (hereinafter “project owner”).

B. On April 30, 2015, the Plaintiff and the Defendant jointly received the instant construction works from the ordering person by setting the construction cost of KRW 724,283,030, the construction period from May 6, 2015 to January 30, 2016, Plaintiff 49% of the equity ratio, and Defendant 51%, respectively.

After that, the construction cost of the instant contract was KRW 749,930,000, and the construction period was changed on February 29, 2016.

C. The instant construction was completed on February 29, 2016.

On September 25, 2015, the ordering person paid 113,35,530 won (231,297,000 won x 49/100) to the Plaintiff on September 25, 2015, and paid 117,961,470 won (231,297,000 x 51/100) to the Defendant, and paid 232,772,540 won (47,000 x 475,000 x 49/100) to the Plaintiff on April 29, 2016 as the completion amount of the instant construction.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 3-5, 8, 9, 11, 17, Eul evidence Nos. 12 and 13 (including each number), the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff solely performed the instant construction work, and the Defendant did not participate in the instant construction work.

Therefore, with respect to the portion of the Defendant’s share of 51% among the instant construction works (hereinafter “the Defendant’s share portion”), the Defendant calculated by deducting the Defendant’s share of KRW 360,234,930 (the value-added tax of KRW 117,961,470,242,273,460), KRW 32,748,630, industrial accident insurance premium of KRW 7,920,469, employment insurance premium of KRW 1,813,370, and KRW 42,482,469, as well as KRW 317,752.

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