공사대금
1. On August 10, 2016, the Plaintiff (Counterclaim Defendant) against the Defendant (Counterclaim Plaintiff) for KRW 29,318,114 and KRW 4,318,114 among them.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. The following facts are acknowledged according to the purport of Gap evidence No. 1 and the entire pleadings.
A. The Plaintiff is a personal entrepreneur (trade name C) who runs a mid-term rental and construction business, and the Defendant is a company that runs a construction work and construction business.
B. On April 6, 2015, the Defendant: (a) constructed four multi-households (H, I, J, and Kdong) on the window of Changwon-si, Changwon-si, the Defendant owned by the Defendant; (b) the contract amounting to KRW 675,00,000 and the construction period from April 6, 2015 with respect to reinforced concrete construction among the Plaintiff and the aforementioned new construction works (hereinafter “instant construction works”); (c) the construction period from April 6, 2015.
6. By the end of 30. A contract was entered into with the content that a subcontract shall be paid in installments by the time the construction cost is completed by the time of completion.
(hereinafter “instant construction contract”). C.
On the other hand, the defendant was entrusted to L who is an architect, and L was affiliated with M Co., Ltd. with a comprehensive construction license (hereinafter “M”), and entered into several contracts on the contract for construction with the defendant or M in the name of the contractor in relation to the said new construction.
2. Determination as to the claim on the principal lawsuit
A. 1) The Plaintiff’s assertion that the construction cost of the instant construction contract included separate value added tax in the construction cost of the instant construction contract. The Plaintiff asserted that the total construction cost of the instant construction contract included value added tax of KRW 675,00,000 in the contract amount of KRW 675,500,000,000, plus value added tax of KRW 67,50,000 in the contract amount of KRW 742,50,000. 2) The judgment is based on the evidence No. 1 (construction contract) and the contract amount is divided into the contract amount of KRW 675,00,000 in the contract amount and the value-added tax amount, and the value-added tax item includes the same amount of value-added tax as KRW 675,00,00 in the contract amount. The evidence submitted