beta
(영문) 수원지방법원안양지원 2014.12.16 2013가단107322

공사대금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. In full view of the facts without any dispute over basic facts, and the purport of the entire pleadings in the statement in subparagraph 1 through 4 of Eul evidence, the defendant entered into a contract for the construction of a multi-family house C in Dongdaemun-gu Seoul (hereinafter “instant construction”) with the plaintiff around August 2012, the defendant may recognize the fact that the defendant paid the plaintiff KRW 280,000,000 in total, including KRW 150,000,000,000,000 on September 20, 2012, and KRW 20,000,000,000 on September 20, 2012, and the fact that the instant construction was completed on April 2013, 2013.

2. Under the premise that the instant construction cost is KRW 350,00,000 (excluding value-added tax), the Plaintiff’s assertion sought payment of KRW 70,470,60 (value-added tax of KRW 25,000,000, value-added tax of KRW 24,529,400, and value-added tax of KRW 350,000,000 (value-added tax of KRW 280,000-280,000,529,400).

3. According to the reasoning of the judgment, Gap evidence No. 1 and the fact-finding on the Korea Labor Welfare Corporation's branch offices within the Korea Labor Welfare Corporation, the plaintiff and the defendant prepared a contract agreement between the plaintiff and the defendant, stating that the construction cost of this case is KRW 350,00,000 (excluding value-added tax) (hereinafter referred to as "the contract of this case"), and the plaintiff may recognize the fact that the contract of this case was reported to the Korea Labor Welfare Corporation based on the above contract.

However, the following facts can be acknowledged by the entry of Gap evidence 2-1, 2, 3, and Eul evidence 12-1, 2, and 3.

1. On May 30, 2013 and June 12, 2012, after the completion of the instant construction works, the Plaintiff requested the Defendant to make payment in relation to C Housing Corporation value added tax in which the Plaintiff participated in the execution of the instant construction works on two occasions.

We pay 16,363,636 won, which is unpaid while carrying out construction work, until June 5, 2013, and state time.

The value added tax is not our interest or income, but our national tax.