공사대금
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. The reasoning for the court’s explanation as to the instant case is as follows: (a) the Plaintiff’s assertion added or emphasized by this court is as stated in the reasoning of the judgment of the first instance, except for adding the following judgment as to the assertion added or emphasized by this court; (b) thus, it is consistent with the main sentence of Article 420 of the Civil Procedure Act.
2. Additional determination
A. The summary of the Plaintiff’s assertion 1) The Plaintiff and the Defendant on August 31, 2013, an agreement stating that “The Plaintiff and the Defendant settled the accounts based on the difference between the construction cost already paid by the Plaintiff and the Defendant on September 11, 2013 and the expenses actually paid to the Plaintiff” (hereinafter “instant agreement”).
(2) The Defendant is obligated to pay the Plaintiff value-added tax of KRW 19,80,00 for the design cost of KRW 152,976,971 (i.e., the unpaid construction cost of KRW 487,88,156, value-added tax of KRW 488,788,815, and KRW 19,800 for the design cost of KRW 19,800,000 for the design cost of KRW 410,000 for the fixed construction cost) and the delay damages therefrom. (ii) Even if the settlement agreement in accordance with the instant agreement is denied, the Defendant is obligated to pay the Plaintiff the construction cost in proportion to the fixed construction cost.
Therefore, the Defendant is obligated to pay the Plaintiff KRW 166,70,029 (i.e., value-added tax on the design cost of KRW 19,800,000 for the supervision cost of KRW 140,400,029).
B. According to the evidence Nos. 3 and 6 of the judgment Nos. 1 and 6, the Plaintiff and the Defendant on August 31, 2013, “A separate cash storage certificate” means that the Defendant and the Plaintiff on September 11, 2013, compared to each of the evidentiary documents of only 14:00 on September 11, 2013 by the owner and the work executor, settle the accounts of mutual verification, and re-preparation the documents prepared by the adjusted amount after the settlement of accounts is completed.