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(영문) 창원지방법원 2018.10.11 2017가단103620

공사대금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The parties concerned are companies whose purpose is the construction business, and the defendant is the representative of the private business chain C.

B. On March 31, 2015, the Defendant entered into a contract for construction works with D representative director at the time of the Plaintiff’s signing of the contract (hereinafter “instant contract for construction works”).

2) As to the instant construction contract, three construction contracts exist as follows: (a) the contract amount of KRW 1.716 billion is 1.7 billion (hereinafter “instant construction contract”).

() Date of preparation: The contract amount on April 7, 2015: KRW 1.716 billion (the supply price of KRW 1.560 million, value-added tax of KRW 150 million): The construction period of KRW 1.56 million: the contract amount of KRW 2.177 billion from April 7, 2015 to August 31, 2015 (hereinafter referred to as “instant two contract”): The contract amount owned by the Plaintiff on April 7, 2015 is the same as the instant two contract amount, provided that the preparation date is the same as the “the March 31, 2015.”

Since only the date of preparation is different, it is called “instant 2 contract” including both the construction contract (Evidence A 2) owned by the Plaintiff and the construction contract (Evidence B No. 1-2) owned by the Defendant.

As to the reasons for the difference in the date of preparation as above, the defendant asserts that the reasons for the difference is due to the fact that the defendant prepared a written contract with the public notice of the period and date of preparation, and written each day.

(C) Contract amount: Construction period of KRW 2.177 million (the supply price of KRW 1.977 billion, value-added tax of KRW 1977 billion): From April 7, 2015 to August 31, 2015), 2.71 billion (the contract amount of KRW 2.77 billion) is the contract amount of KRW 3 billion (the contract of this case).

The date of preparation: The contract amount on January 2015: 2.7 billion won: the construction period of KRW 2.772 billion (the supply price of KRW 2.472 billion, value-added tax of KRW 2472 million): From January 2015 to December 3, 2015, the Plaintiff completed the new construction of a factory under the construction contract of this case (the grounds for recognition).