공사대금
1. The Defendant: (a) KRW 27,491,100 to the Plaintiff; and (b) KRW 5% per annum from November 26, 201 to February 13, 2014 to the Plaintiff.
1. On October 20, 201, the Plaintiff entered into an oral agreement with the Defendant to receive the instant construction from the Defendant, Kimcheon-si Ground Building C, Kimcheon-si (hereinafter “instant construction”). On November 25, 201, the Plaintiff completed the instant construction work and delivered it to the Defendant.
[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 2-1, the purport of the whole pleadings
2. Determination as to the cause of claim
A. As to the agreed construction cost at the time of the construction agreement, the Plaintiff asserted that the first agreed construction cost was KRW 66,100,000, and that the additional tax was separately paid. On the contrary, the Defendant asserted that the agreed construction cost was KRW 66,100,000, including the additional tax, and the Defendant asserted that the said amount was KRW 65,110,000, including the additional tax, in the preparatory document dated December 5, 2013.
In light of the following circumstances, the Plaintiff, at the time of the instant construction contract, started the instant construction project after presenting the construction estimate (hereinafter “instant estimate”) to the Defendant. The aggregate column of the said written estimate (No. 2-1) is printed “6,110,000 won,” and the “amount separate from value added tax” is indicated in the remarks column. (2) The Defendant only proved that the Plaintiff submitted the briefs as of December 5, 2013, and it was recognized that the agreed price was 66,100,000 won for the construction cost claimed by the Plaintiff, and the Defendant agreed to pay value-added tax on the said construction cost separately to the Plaintiff.
Therefore, barring any special circumstance, the defendant is from 72,710,000 won (=6,100,000 additional tax amounting to 66,610,000).