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(영문) 서울중앙지방법원 2016.01.27 2013가합84099
공사대금
Text

1. As to the Plaintiff KRW 137,610,964 and KRW 10,030,00 among them, the Defendant shall start from September 1, 2013 to December 6, 2013.

Reasons

1. Basic facts

A. On February 7, 2013, the Plaintiff and the Defendant’s subcontract 1) the construction amount of KRW 15,950,000 (including value-added tax; hereinafter the same shall apply) for landscaping works among the construction works of new C new houses located in Gangnam-gu Seoul Metropolitan Government and the Defendant.

(2) As to the construction period from February 7, 2013 to February 28, 2013, a subcontract agreement is concluded (hereinafter “instant B subcontract”).

(2) On March 31, 2013, the Plaintiff issued a tax invoice for KRW 15,950,000 as above on March 31, 2013. (2) On July 2013, the Plaintiff entered into an oral subcontract with the Defendant for landscaping works (hereinafter “instant Incheon subcontract”), and issued a tax invoice for KRW 2,530,000 on August 31, 2013, after completing landscaping works worth KRW 2,530,000 on August 31, 2013.

3) On or around March 19, 2013, the Plaintiff entered into a subcontract with the Defendant and the Gunpo E for landscaping works by setting the construction cost of KRW 79,20,000 and the construction period from March 19, 2013 to March 31, 2013 (hereinafter “instant subcontract for landscaping works”).

(4) On August 14, 2013, the Plaintiff entered into a subcontract with the Defendant to enter into the construction agreement with the period from August 14, 2013 to August 24, 2013 (hereinafter “instant subcontract agreement for the construction of the F Hospital Facilities”), and issued a tax invoice for the said KRW 11,550,000 on August 30, 2013, after completing the construction.

B. The Defendant paid the Plaintiff the construction cost of KRW 12,00,000 of the subcontract price in the instant case, KRW 79,200,000 of the subcontract price for the landscaping of the instant F Hospital, and KRW 8,000,000 of the subcontract price for the construction of the instant F Hospital facilities.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, Gap evidence Nos. 13 and 14, the purport of the whole pleadings

2. The cause of the action.

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