공사대금
The defendant's appeal is dismissed.
Expenses for appeal shall be borne by the defendant.
This Court has reduced the purport of the claim.
1. Facts of recognition;
A. On May 10, 2017, the Plaintiff: (a) received from the Defendant the entire “C multi-family house and neighborhood living facilities finishing works” (hereinafter “C Corporation”); (b) KRW 9 million from around June 20, 2017, the entire “Electric and Telecommunications Corporation” among the new construction of D church education centers (hereinafter “D Corporation”); (c) KRW 25 million from around June 21, 2017; and (d) received all the “Electric and Telecommunications Corporation” (hereinafter “E Corporation”) among the new construction of an E-type city residential housing unit in Chungcheongnam-gu, Chungcheongnam-gu, Seoul; and (d) completed each of the aforementioned construction works.
B. The Defendant paid a total of KRW 88,821,447 as the construction cost of each of the above construction works (= KRW 84,449,260, which the Plaintiff had been a person from the first instance trial to the Plaintiff from the first instance trial), to the Plaintiff and its sewage-grade, etc. ( KRW 4,372,187, among the E works for which the Plaintiff was a person in this court).
(c)
On the other hand, even though the Plaintiff did not issue tax invoices for the above E Corporation, the companies directly paid for the amount of KRW 42,983,642 out of the amount of KRW 70,000 (including the amount of value added tax) were issued tax invoices.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 3, and 5 (including various numbers, if any), the purport of the whole pleadings
2. Determination:
A. According to the above facts, barring special circumstances, the Defendant: (a) KRW 19,476,918 (the sum of the construction cost = KRW 108,298,365 [The amount calculated by subtracting the value-added tax on KRW 27,016,358, which was not claimed by the Plaintiff because a tax invoice was not issued; KRW 2,701,637]; and (b) the sum of the construction cost payable to the Plaintiff; (c) KRW 108,298,365 [the sum of the construction cost = KRW 74,298,365, including the value-added tax on KRW 9 million; and (d) KRW 88,821,447]; and (e) the Defendant’s delivery of a copy of the application form for the instant claim sought by the Plaintiff; and (e) the Act on Special Cases Concerning the Promotion of Legal Proceedings, etc. from January 6, 2021 to the date of full payment.