철거비용 등 청구의 소
1. The Defendant’s KRW 776,649 as well as the Plaintiff’s annual rate of KRW 6% from April 1, 2016 to February 22, 2018.
1. Facts of recognition;
A. The Plaintiff is a person engaged in the business of removal and waste collection under the trade name of “B”, and the Defendant is a corporation engaged in the interior interior interior interior interior interior interior interior interior interior works, such as school construction ordered by the Office of Education (hereinafter “Defendant Corporation”), and the Defendant was in charge of removal and waste collection (hereinafter “Removal”).
B. The Plaintiff and the Defendant confirmed the construction cost and traded it at the construction site designated by the Defendant rather than at the construction site designated by the Defendant, by means of subsequent settlement of the construction cost after the Plaintiff performed the removal work.
However, from July 19, 2014 to March 14, 2016, the Plaintiff received tax invoices of KRW 126,881,049 (including additional taxes) from the Plaintiff in total from the Plaintiff during the period from February 2, 2014 to the second quarter of 2016, and paid KRW 138,590,00 (including additional taxes) to the Plaintiff.
C. On March 17, 2016, the Plaintiff, at the Defendant’s direction, engaged in construction work on the work specifications indicated in the evidence Nos. 4-12 and 13-2, including C Corporation, and performed a total of KRW 2,073,500 (including KRW 23,500,000, KRW 1950, KRW 100,000, KRW 2,280,850, including additional tax) for waste treatment, etc.
As of March 24, 2016, the Plaintiff issued a tax invoice of KRW 12,497,150 (including surtax) for the removal works, including C, etc. (hereinafter “instant tax invoice”) and requested the Defendant to pay the construction price, but the Defendant refused payment upon the completion of settlement, considering the labor cost agreed upon for the reduction.
E. As to the work statement submitted by the Plaintiff for the settlement with the Defendant, the Defendant demanded to partially reduce the amount from November 4, 2015 to March 17, 2016 from the work statement (No. 4-8) on November 4, 2015 to the work statement (No. 4-14) on March 17, 2016, and the Plaintiff’s side has the amount reduced as requested by the Defendant.