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(영문) 전주지방법원 2021.03.31 2020나479

공사대금

Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

This Court has reduced the purport of the claim.

Reasons

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.