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(영문) 서울중앙지방법원 2018.04.04 2017가합567073

공사대금

Text

1. The plaintiff's primary and conjunctive claims against the defendant A's housing association, and the defendant ChhoC Co., Ltd.

Reasons

1. Basic facts

(a) A contract for the construction of a housing campaign center; 1) Before authorization for the establishment of a housing campaign center is granted (the Defendant association obtained authorization for the establishment of the housing project around May 2016

(1) On October 2015, 2015, the leather Public Corporation (hereinafter “Latather Public Corporation”) shall be called “Latather Public Corporation.”

B) B B entered into a contract for the construction of the Housing Promotion Center for the Defendant Association on the land outside Pyeongtaek-si and two parcels. According to the terms and conditions of the contract and the attached special agreement, the scope of construction works for the housing promotion center is “the design and construction of the Housing Promotion Center, complex model, parking lot model, access road and packing work,” and “the household, household, heating, cooling, and small product construction work” is excluded (hereinafter “instant principal construction work”).

(2) Around that time, the Plaintiff performed “the instant construction works” (hereinafter “the instant excluded construction works”) that was excluded from the main construction of the instant case.

3) On March 19, 2016, the Defendant Association’s Housing Promotion Officers opened a general meeting on March 19, 2016. On the other hand, the Defendant Company, on behalf of the Defendant Association prior to authorization for establishment, took charge of the management

B. The Plaintiff’s issuance of the Plaintiff’s tax invoice and the payment for the construction cost of the Defendant Company 1) with respect to the instant excluded construction work, the Plaintiff issued a tax invoice of KRW 100,000,000 to the Defendant Partnership on July 20, 2016, and the tax invoice of KRW 113,700,000 on July 23, 2016, respectively. At that time, the Plaintiff received KRW 160,000,000 from the Defendant Partnership as the construction price. (2) The Plaintiff issued the tax invoice of KRW 140,932,000 to the Defendant Company on December 28, 2015, and received KRW 20,000 from the Defendant Company as the construction price.

C. On September 7, 2016, the Plaintiff entered into an agreement between the Plaintiff and the Defendant Cooperative on the payment of construction cost (hereinafter “instant agreement”) with the Defendant Company acting for the Defendant Cooperative. The details of the agreement are as follows.

The model voucher construction cost shall be 400 million won and shall be excluding the Won 180,000,000 (Additional Tax).