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(영문) 수원지방법원 2014.12.23 2014가단47012

물품대금 및 공사대금

Text

1. The Defendant’s KRW 23,684,50 for the Plaintiff and 6% per annum from October 2, 2013 to November 11, 2014.

Reasons

1. Indication of claim;

A. The Plaintiff is mainly engaged in waterproof and painting construction and painting construction with the trade name of “C”, and the Defendant is performing interior decoration and landscaping construction with the trade name of “D.”

B. From April 19, 2013 to October 1, 2013, the Plaintiff: (a) contracted with the Defendant for a project site for the remodeling of commercial buildings, such as so-called 35,247,00 won; and (b) supplied the said project around October 1, 2014; and (c) supplied various construction materials necessary for the field of so-called marries with the amount equivalent to KRW 937,500.

C. Therefore, the Defendant shall be paid to the Plaintiff the total amount of KRW 36,184,50 (i.e., the construction cost of KRW 35,247,00) (i.e., KRW 937,500). The Defendant shall pay only KRW 16,50,000, including value added tax, and then did not pay the remainder of the construction cost of KRW 21,184,50 until now (=36,184,500 - KRW 15,00).

Meanwhile, the Defendant promised to immediately pay the Plaintiff the amount of KRW 25,00,000 to the Plaintiff when he first issues the tax invoices for KRW 25,000,00, and promised to pay the Defendant’s horse, and issued each tax invoice for KRW 10,00,000 on July 14, 2013 (Additional Tax Table), and KRW 15,00,000 on September 30, 2013 (Additional Tax Table), but the Defendant did not pay the said construction cost. The Plaintiff suffered damages for the Plaintiff’s payment of value-added tax for KRW 2,50,00,000, which was imposed by the Plaintiff based on the issuance of the said tax invoice and the return of taxes on the wind that the Defendant did not comply with the promise.

E. Therefore, the Defendant sought payment of KRW 23,684,50 and damages for delay, including KRW 21,184,500 and KRW 2,500,000 for damages equivalent to other value-added taxes, in violation of the Defendant’s agreement.

2. Judgment by public notice for recognition (Article 208 (3) 3 of the Civil Procedure Act).