beta
(영문) 울산지방법원 2017.02.14 2016가단13535

공사대금

Text

1. The Defendant’s KRW 4,7190,00 and KRW 3,3890,000,000, out of the above money, shall be KRW 4,389,00 and KRW 3,300,000.

Reasons

1. Basic facts

A. The plaintiff is an electrical construction business, and the defendant is a company operating building equipment business.

B. Around September 26, 2014, the Defendant contracted the construction of a factory (hereinafter “instant construction”) from B Co., Ltd. (hereinafter “B”) with total construction cost of KRW 2.42,933,000,000. On December 4, 2014, the Defendant subcontracted the portion of the manufacturing, supply, installation, and trial operation of the said construction (hereinafter “instant electrical construction”) to the Plaintiff for construction cost of KRW 1330,000,000.

C. On February 28, 2015, the Plaintiff, as the recipient of the Defendant, issued an electronic tax invoice with the total sum of KRW 7,315,00,000,000 as the price for the instant electrical construction, including value-added tax, and on May 6, 2015, issued an electronic tax invoice with the total sum of KRW 3,300,000,000 as the construction cost for the “B B B B B B B Bloro

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, Eul evidence 1 and 2 (including attachment of provisional number), the purport of the whole pleadings

2. Determination

A. According to the above facts of determination as to the cause of the claim, the defendant is obligated to pay the plaintiff 7,3150,000 won of the electrical construction price of this case.

Meanwhile, the Plaintiff is a person who has already received payment of KRW 29,260,000 from the Defendant. Therefore, the Defendant is obligated to pay the remainder of the construction cost to the Plaintiff.

The plaintiff sought payment of KRW 3,300,000 for the construction cost on the off-line electric works, and the defendant asserts that the above electric works had not been entered into a construction contract between the plaintiff and the defendant, and that the plaintiff done work according to the direction of B, upon the request of B, the defendant was merely an additional entry of the above electric work cost in the defendant's customer president

According to the statement No. 1 (including paper numbers), when the Defendant contracted for the instant construction work from B, the contractor shall do so from design to construction, trial operation, etc.