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Reasons
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(영문) 의정부지방법원고양지원 2019.06.19 2018가단91663
공사대금
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1. The Defendant (Counterclaim Plaintiff) paid KRW 39,489,850 to the Plaintiff (Counterclaim Defendant) and its related amount from May 2, 2017 to November 7, 2018.

Reasons

1. Basic facts

A. On August 14, 2016, the Defendant: (a) concluded a contract with the Plaintiff for the construction of multi-household housing (hereinafter “instant construction”) with the fourth floor (one floor, two and three floors, one studio 2, and four floors, respectively; hereinafter “instant building”); (b) KRW 390,00,000,000 from August 25, 2016 to January 25, 2017 (hereinafter “instant contract”); and (c) the contract amount on September 9, 2016, was increased to KRW 400,000,000,000,000 from August 25, 2016 to January 25, 2017 (hereinafter “instant contract”).

B. Although “value-added tax separate” is indicated in the construction cost column of the contract form (Evidence A 4) written for the instant construction project, the Defendant agreed to allow the Plaintiff to subcontract part of the instant construction project to D Co., Ltd. (hereinafter “Non-Party Company”) within the scope of KRW 250 million for the construction cost, and the Non-Party Company to pay to the Plaintiff only KRW 14 million out of the amount of the tax invoice to be paid by the Plaintiff.

C. From September 21, 2016 to June 29, 2017, the Defendant paid the Plaintiff or Nonparty Company KRW 372,046,280,000,000,000 on ten occasions, on September 21, 2016; KRW 8 million on January 25, 2017; KRW 5 million on March 30, 2017; KRW 19,046,280 on June 29, 2017; KRW 37 million on October 19, 2016; KRW 30,000,000 on November 15, 2016; and KRW 67,00,000 on June 26, 207, respectively, to the Plaintiff.

From October 10, 2016 to March 24, 2017, some of the instant construction works were sub-subcontracted by the non-party company and the companies supplying materials necessary for the instant construction works were issued a tax invoice of 168,424,319 for the supply value to the non-party company. The supply value of the non-party company on December 28, 2016 is the value of supply.

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