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(영문) 부산지방법원 2018.05.16 2017나51471

공사대금

Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. The parties' assertion

A. On June 16, 2016, the Plaintiff asserted that he/she is a company running a astronomical Tech construction business. The Plaintiff entered into a subcontract agreement between the Defendant and the Nam-gu, Ulsan-gu, Seoul-gu (see, e.g., the attached construction subcontract agreement; hereinafter “instant contract”). The Plaintiff completed the said construction. The Plaintiff was paid KRW 5,00,000 out of the construction cost of 8,967,200 on June 21, 2016, but did not receive the remainder of 3,967,200 won. Accordingly, the Defendant is obligated to pay the Plaintiff the remainder of the construction cost of 3,967,200 won and delay damages therefrom.

Although the Defendant asserted that the Plaintiff entered into the instant contract with the Plaintiff on April 26, 2016, the Plaintiff paid the Plaintiff KRW 9,550,000 in total, which is KRW 4,50,000, and KRW 9,550,000 on June 22, 2016, the Defendant asserted that the Plaintiff cannot accept the Plaintiff’s claim, based on two (e.g., electronic tax invoices and numbers), the Plaintiff issued a tax invoice of KRW 4,550,70 on April 26, 2016 under the pretext of the construction cost construction cost of the instant contract. However, according to the purport of Gap 2 and arguments, the Plaintiff appears to have concluded the instant contract with the Plaintiff on June 16, 2016, and the period of the construction cost of KRW 5,00,000,000, which is extremely different from the instant construction cost of the Plaintiff on June 8, 2016, which appears to have been paid by the Defendant to the Plaintiff on June 16, 20, 2016.