공사대금
1. The judgment of the court of first instance is modified as follows.
The plaintiff (Counterclaim defendant)'s main claim is dismissed.
(b).
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. The reasoning for this part of the judgment of the court is the same as that of the corresponding part of the judgment of the court of first instance, and thus, this part is cited by the main text of Article 420 of the Civil Procedure Act
2. Determination as to the claim on the principal lawsuit
A. 1) The Plaintiff and the Defendant separately set the value-added tax as to “the instant construction work” among the instant construction work (hereinafter “the instant construction work”), and set the construction cost at KRW 432,00,000. The Plaintiff’s assertion that the construction work was completed by the Plaintiff before suspending the instant construction work is 82.678%.
In addition, with respect to the construction of the instant building, the Plaintiff carried out a wall tin project and an additional sloping project as an additional construction work.
Therefore, the construction cost of the instant case is a total of KRW 381,564,940 [the construction cost of the instant case = KRW 357,168,960 [the fixed price of KRW 432,00,000 + KRW 82.678%) of KRW 16,820,379 (Additional Construction Work) and KRW 7,575,601] of KRW 259,00 as the down payment of the instant construction work. Since the Plaintiff received KRW 259,564,940 as the down payment of KRW 381,564,940, the Defendant is obligated to pay the Plaintiff the down payment of KRW 259,000 plus value-added tax of KRW 122,364,940, KRW 100, KRW 1364, KRW 14324, KRW 12436, KRW 42936, KRW 42946.
B) The Plaintiff and the Defendant separately imposed value-added tax on “the instant civil works among the instant civil works” (hereinafter “the instant civil works”), and separately set the construction cost of KRW 220,00,000. The amount of money that the Plaintiff completed as to the portion completed by the Plaintiff before the discontinuance of the instant civil works is KRW 36,789,891 (excluding value-added tax).
In addition, with respect to the instant civil works, the Plaintiff executed additional construction of reinforced earth retaining walls, earth and sand removal works, and reinforcement of bricks.
Therefore, this case.