(영문) 대전지방법원 2012.11.22 2011가합744

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(영문) 대전지방법원 2012.11.22 2011가합744

약정금

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1. The Defendant’s KRW 46,517,319 as well as the Plaintiff’s KRW 5% per annum from November 25, 2011 to November 22, 2012.

Reasons

(b) cannot be subject to settlement because it is not known;

Therefore, the costs incurred by the Plaintiff for the execution of the instant construction are merely 86,274,015 won. Since the Defendant has disbursed a total of KRW 192,754,725 for the execution of the instant construction project, the Defendant is not obligated to pay the Plaintiff settlement amount by paying the construction cost in excess of the cost to be borne by the Defendant according to the investment ratio (= = 86,274,015 won 192,754,725 won) x 49% x less than KRW 49% ; hereinafter the same shall apply).

B. 1) According to the facts acknowledged earlier, the costs to be settled according to the instant consultations are limited to the costs that require settlement, as the cost of the original and the Defendant’s respective expenses, and the cost of the nature to be jointly borne by the original and the Defendant in performing the instant construction, as the cost of the nature to be borne by the Defendant.

B) The method of the settlement shall be based on the following formula.* (The amount to be paid to the Plaintiff by the Defendant) = (the amount to be paid by the Plaintiff out of the amount paid by the Plaintiff) ¡¿ (share ratio of the Defendant) ¡¿ (the amount to be settled out of the amount paid by the Defendant) ¡¿ (the amount to be settled) ¡¿ (the amount to be settled) ¡¿ (the Plaintiff’s share ratio) ¡¿ (2) the Defendant’s expenses in consideration of the amount to be settled among the Defendant’s expenses, and the overall purport of the entries and arguments in Eul’s evidence Nos. 17 through 38, and 41 among the expenses paid by the Defendant. In full view of the purport of the entire arguments and arguments, it can be recognized that the Defendant’s expenses incurred

3) Of the costs paid by the Plaintiff, the Defendant did not dispute: KRW 86,274,015 that the Plaintiff paid KRW 86,274,015 in total as expenses for taking industrial safety education, expenses for retirement mutual-aid, expenses for materials, equipment, etc. to carry out the instant construction. There is no dispute between the parties, and the said amount is jointly carried out by the Plaintiff and the Defendant.

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