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(영문) 울산지방법원 2018.02.28 2016가단20953
공사대금
Text

1. The Defendant paid KRW 6,011,046 to the Plaintiff KRW 5% per annum from October 7, 2016 to February 28, 2018.

Reasons

1. The Plaintiff, around October 26, 2015, transferred the Defendant’s ownership on November 30, 2015, following the conclusion of the instant construction contract owned by D, the Defendant’s representative.

The contract for remodeling construction was concluded to change the use of multi-households of the second-class E above ground in Ulsan-gu, Ulsan-gu to the first-class neighborhood living facilities.

The construction amount is a total of KRW 150 million, and the value-added tax is a separate payment key.

[A] During the construction process, the Plaintiff and the Defendant agreed to add “in the instant construction work to KRW 50 million for interior strawing work within the interior strawing work.”

[A. 4-1, hereinafter referred to as "the primary additional construction"]. "Additional construction" is also the same.

- The Defendant paid KRW 200 million to the Plaintiff on October 26, 2015 - KRW 70 million on November 20, 2015 - KRW 20 million on January 11, 2016 - KRW 30 million on January 2016 - KRW 20 million on January 29, 2016 - KRW 200 million on January 24, 2016 - KRW 200 million on February 24, 2016. The Plaintiff also issued a total of KRW 35 million on December 31, 2015 to the Defendant as follows:

On April 5, 2016, the Defendant paid KRW 20 million to the Plaintiff.

[Attachment A 12-21 attached data, 13, and 1] On February 24, 2016, the Plaintiff completed a construction project, and issued a report on large-scale repair, permission for change of purpose of use, and approval for use of a building to the Defendant.

[A] 6, 10, 12-4] 2. Determination on the ground of the plaintiff's claim

A. As seen earlier, as the Defendant did not dismiss the claim for the unpaid construction cost of KRW 4 million: “20 million out of the construction cost of KRW 154 million and KRW 50 million for the first additional construction cost of this case was paid to the Plaintiff by February 24, 2016 where the construction was completed, and the Plaintiff also issued a tax invoice in accordance with the above amount of payment. In light of this, the Plaintiff and the Defendant, notwithstanding the amount of the construction agreement, shall also be paid.

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