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(영문) 인천지방법원 2017.11.08 2016가단25996

공사대금등

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by each person;

Reasons

1. The Plaintiff asserted that the construction cost of the instant construction is KRW 17 million (excluding value-added tax) after having been awarded a contract for the electrical construction of the temporary household office from May 2014 to July 1, 2014, KRW 1.6 million around October 2015, which was ordered by the Defendant (hereinafter “D”) by the Defendant (hereinafter “instant construction”). Moreover, the Defendant is obligated to pay the Plaintiff the construction cost of KRW 21.7 million (=17 million) to the Plaintiff, and the construction cost of the instant construction is KRW 17 million around October 2015.

2. Determination as to the cost of construction of temporary electricity

A. In full view of the facts of recognition as Gap evidence No. 4 and the purport of the entire argument in witness G testimony, D divided the building parts among the instant construction works into the parts of construction, electricity, and communication, and contracted the Plaintiff with the construction parts, and the Defendant requested the Plaintiff, a specialized constructor around May 2014, when the instant construction was in progress, for the electrical construction of a temporary office (hereinafter referred to as "permanent construction") to be used by the Defendant during the instant construction works. The Plaintiff issued an electronic tax invoice of KRW 17 million to the Defendant on October 30, 2015 when the instant construction was completed almost, and the Defendant requested the Plaintiff to revoke the issuance of the tax invoice on the ground that the said amount is unreasonable. The Plaintiff used the Defendant’s temporary power as the Defendant’s temporary electric power while operating three containers offices individually at the instant construction site, and the Defendant did not claim for the Defendant’s payment of various equipment and machinery costs, such as electricity, water supply and drainage charges, waste disposal charges, and waste disposal charges, etc. 301. 360.5