공사대금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On March 27, 2015, the Plaintiff and the Defendant entered into a construction contract with the amount of KRW 359,90,000, separately from the additional tax, on March 27, 2015, on the part of the construction works and appurtenant works located in Gangseo-si, the Defendant owned by the Defendant. Accordingly, all construction works were completed.
Nevertheless, the defendant is obligated to pay the above amount and damages for delay, as the defendant does not pay 35,90,000 won additional tax to the plaintiff.
2. Facts without any dispute over judgment, Eul evidence Nos. 1 and 2, the whole purport of the pleadings, and the following circumstances acknowledged as a whole, the defendant, on April 18, 2016, appears to have paid all the construction cost by paying the remainder of nine million won to the plaintiff on April 18, 2016, and the plaintiff appears to have not claimed additional taxes to the defendant before filing the lawsuit of this case after receiving the remainder of payment on April 18, 2016, the plaintiff's seal appears not to have been affixed to the subcontract document prepared by the plaintiff, the defendant's seal is not affixed to the subcontract document, and the plaintiff and the defendant did not appear to have talk about the total contract amount, and there was no separate mentioning about additional taxes. In light of the fact that the plaintiff stated that some of the tax invoices corresponding to the construction cost included in additional taxes submitted by the plaintiff on the date of pleading was not reported as sales data, there is no evidence to acknowledge otherwise.
3. Accordingly, the Plaintiff’s claim of this case is dismissed as it is without merit. It is so decided as per Disposition.