공사대금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The Plaintiff is a corporation that operates a construction business.
On October 6, 2016, the Plaintiff prepared a contract agreement with the Defendant on the land of 1,485 square meters in Seopo-si, Seopo-si, Jeju Special Self-Governing Province as KRW 858,00,000 (including value-added tax) with respect to tourism accommodation and construction of neighborhood living facilities (hereinafter “instant construction”).
On November 15, 2016, the Plaintiff drafted a contract agreement between the Defendant with the amount of KRW 1,258,00,000 for the instant construction work (including value-added tax).
The Plaintiff commenced construction on November 20, 2016 and completed construction on July 7, 2017, and completed the completion inspection. On July 31, 2017, the Plaintiff completed the registration of preservation of ownership in the name of the Defendant on the said building (such building as moving to, moving to, non-Dong, and starting to a Dong).
As the construction cost of the instant construction project, the Defendant paid KRW 50,00,000 on October 21, 2016, KRW 121,60,00 on November 17, 2016, KRW 80,000 on December 19, 2016, KRW 250,000 on January 19, 2017, KRW 10,000 on March 6, 2017, KRW 00,000 on KRW 0,00 on March 6, 200, KRW 00,000 on March 29, 207, KRW 00 on KRW 10,000 on KRW 62,00,00 on KRW 8,00 on May 8, 2017, KRW 00 on KRW 10,000 on KRW 100 on June 8, 2017, KRW 200 on 107;
[Reasons for Recognition] Facts without dispute, Gap 1 through 6 evidence and Eul 1 and 2 evidence, the purport of the whole pleadings
2. The assertion and judgment
A. (1) The Plaintiff and the Defendant determined the original construction cost of the instant construction works as KRW 858,00,000 (including value-added tax) with respect to the Plaintiff’s assertion. Although the Defendant decided to directly perform the construction works under a contract with the business operator, the Defendant changed the contract between the main construction works, telecommunications construction works, and machinery and equipment construction works to the Plaintiff for the completion inspection and the convenience of tax reporting, and accordingly, determined the construction cost of KRW 1,258,00,000 (including value-added tax) with the Plaintiff.