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(영문) 광주지방법원 2019.10.31 2019가단6329

공사대금

Text

1. The defendant (Appointeds) 31,595,160 won for the plaintiff corporation A, and 3,195,500 won for the Appointed Co., Ltd. and the above.

Reasons

1. Determination as to the Plaintiff A’s claim

A. 1 Determination as to the cause of the claim 1) On June 1, 2017, the Defendant is the Plaintiff A Co., Ltd. (hereinafter “Plaintiff A”).

) The construction cost shall be KRW 60,500,000 (including value-added tax of KRW 5,500,000) and shall be the electrical construction among the new construction works of a D plant (hereinafter “instant electrical construction”).

(2) The part of the Plaintiff’s claim for additional construction costs of KRW 30,500,000 (including value-added tax of KRW 8,800,00) is asserted that the Plaintiff’s claim for additional construction costs of KRW 8,800,000 (including value-added tax of KRW 800,000) was made, and that the Defendant recognized only the value-added tax (including value-added tax of KRW 380,000) related to the variable power generation among the Plaintiff’s claim for additional construction costs of KRW 4,180,000 (including value-added tax of KRW 380,00) and the remainder of KRW 4,620,00 as additional construction, barring any special circumstance.

It is insufficient to acknowledge that the Plaintiff’s additional construction costs amounted to KRW 8,800,00,000 solely on the basis of the evidence No. 1, the part claiming additional construction costs is limited to KRW 4,180,000 recognized by the Defendant.

3) Accordingly, the conclusion of the lawsuit is that the construction cost and additional construction cost that the Defendant is obliged to pay to the Plaintiff A are KRW 34,680,00 in total (= KRW 30,500,000, KRW 4180,000) and the amount recognized as the construction cost of the Plaintiff’s 6,468,00 in total (i.e., KRW 30,000 paid KRW 34,680,000 paid). Therefore, the Defendant’s assertion that there was an agreement between the Plaintiff and the Defendant to reduce the construction cost from KRW 69,30,000 to KRW 64,680,000,000 between the Plaintiff and the Defendant is not separately determined. (b) The Defendant’s assertion is 1).