손해배상 등 청구의 소
1. The Plaintiff (Counterclaim Defendant) paid KRW 50,861,00 to the Defendant (Counterclaim Plaintiff) for KRW 50,861,00 and its related amount from October 22, 2016 to November 30, 2018.
A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.
1. Facts of recognition;
A. (1) On August 25, 2015, the Plaintiff is the Eunpyeong-gu Seoul Metropolitan Government Ground Building C (hereinafter “instant Building”) between the Defendant and the Defendant.
) New Construction Works (hereinafter referred to as “instant Construction Works”)
(2) The Plaintiff entered into a contract for construction works with the Defendant, setting the contract amount of March 18, 2016 as KRW 1,027,272,727 (excluding value-added tax) and the date of commencement as of August 30, 2016 (excluding value-added tax) and as of October 1, 2015, the date of commencement, as of October 1, 2015, and as of April 30, 2016, and as of April 10, 2016. (2) The Plaintiff entered into a modified contract with the Defendant to change the contract amount of March 18, 2016 to the date of commencement, as of February 1, 2016, and as of August 30, 2016, and concluded a modified contract to change the contract amount to KRW 1,052,272,727 (value-added tax separately).
B. After completing the instant construction, the Defendant obtained approval for use on October 21, 2016.
C. On October 25, 2016, in the process of paying acquisition tax at the Eunpyeong-gu Office, the Plaintiff heard that a detailed statement of the construction cost indicated in the design cost and supervision cost should be necessary to calculate the acquisition tax base. On the same day, the Plaintiff went to the Defendant’s office along with D, a certified judicial scrivener office employee.
In the defendant's office on the same day, a construction statement stating the supply value (the contract amount) as KRW 1,042,971,727 (excluding value-added tax) and the contract amount as KRW 1,042,971,727 (excluding value-added tax), and the design and supervision cost as KRW 9,301,00 (hereinafter referred to as "the contract in this case"). The contract in this case is written as " October 10, 2016" and "the completion date of the contract in this case" and " October 20, 2016."
The Plaintiff paid only KRW 1,093,50,000 among the instant construction cost, including value added tax, KRW 1,157,50,000 (= KRW 1,052,272,727 x 1.1,093,50,000, and did not pay KRW 64,000,000 for the remainder.
E. On the other hand, this Court.