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(영문) 부산지방법원 2016.08.10 2015가합47832

공사대금

Text

1. The Defendant’s KRW 797,500,000 as well as 6% per annum from October 16, 2015 to August 10, 2016 to the Plaintiff.

Reasons

1. Facts of recognition;

A. The status of the parties is a corporation with the objective of industrial machinery manufacturing business, etc., and the defendant is a corporation with the purpose of waste collection business.

B. On August 14, 2014, the Plaintiff entered into and entered into the instant first-third contract and entered into a contract on August 14, 2014, with the term “contract amount: KRW 460,000,000 (excluding value-added tax), and the contract period: From August 12, 2014 to September 30, 2014, the Plaintiff was awarded a contract (hereinafter “first contract”).

(2) On October 14, 2014, the Plaintiff entered into a contract with the Defendant for the “Additional Work, other than the Red Sea,” with the contract amount of KRW 131,000,000 (value-added tax separately) on the condition that the Plaintiff entered into a contract for the “Additional Work, other than the Red Sea,” from among the devices for transport of red sea bags and by-products (hereinafter “the instant secondary contract”), and on November 13, 2014, the Plaintiff entered into a contract with the Defendant for the contract amount of KRW 14,00,000 (value-added tax separately).

(3) On November 13, 2014, the Plaintiff and the Defendant concluded a modified contract with the effect that the contract amount is changed from 460,000,000 to 560,000 won (excluding value-added tax) with respect to the instant first contract (hereinafter “instant third contract”). The contract period is extended by November 31, 2014 (hereinafter “instant first modified contract”).

(4) After that, the Plaintiff completed the construction contracted under the instant first modified contract and the second and third contracts, and delivered the object to the Defendant. On November 25, 2014, the Plaintiff issued a tax invoice on the total amount of KRW 918,500,000 (including value-added tax) to the Defendant.

5. On December 24, 2014, the Defendant, among the above contract amounting to KRW 918,500,000, the Plaintiff paid KRW 549,50,000 to the Plaintiff by January 10, 2015, excluding the unpaid amount of KRW 369,00,000 paid by the Defendant up to that time.