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Reasons
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(영문) 서울북부지방법원 2016.01.15 2015가단2451
공사대금
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1. The part of the claim for the confirmation of existence of an obligation among the counterclaims filed by the Defendant (Counterclaim Plaintiff) shall be dismissed;

2. The Defendant (Counterclaim Plaintiff) is the Plaintiff.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Basic facts

A. The Plaintiff was awarded a subcontract for interior works with the following content from the Defendant:

1) The Kimpo A Akaa Sycho (hereinafter “A”) Corporation.

- Contract Date: From August 12, 2014 to September 28, 2014: - Construction amount: From August 12, 2014 to September 28, 2014 - Contract Price: C Integrative Corporation (hereinafter referred to as “C Corporation”) located in 25,000,000 won (excluding value-added tax) - Contract Date: From September 26, 2014 to October 5, 2014 - Contract Price: 52,00,000 (value-added tax may be claimed to the Defendant simultaneously if the Defendant claims value-added tax against the project owner)

- Contract Date: - Period on October 15, 2014: - From October 13, 2014 to October 30, 2014 - The amount of construction: 45,000,000 won (value-added tax shall be issued simultaneously at the time of issuance by locking).

B. The Defendant paid the construction price to the Plaintiff as follows.

1) A Corporation - KRW 7,50,000 on August 13, 2014 - KRW 10,000 on September 17, 2014; KRW 10,050,00 on October 23, 2014; KRW 27,550,00 on the aggregate - KRW 27,50,000 on September 26, 2014 - KRW 36,40,80,000 on the aggregate - KRW 36,40,000 on October 20, 2014; KRW 10,000 on the aggregate - KRW 10,00 on October 15, 10, 200, KRW 00 on the aggregate - KRW 10,50 on the 10,501,00 on the 10,010 on the 10,501,010 on the aggregate;

C. The Defendant filed a lawsuit against the project owner to claim construction cost, and the value-added tax portion also claimed.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, Eul evidence 1 (including a tentative number), the purport of the whole pleadings

2. Determination on the main claim

A. With respect to Plaintiff A’s construction project, the Plaintiff added KRW 2,50,000 (excluding value-added tax) to KRW 2,50,000, and the Defendant recognized it and paid KRW 2,550,000, and the Defendant did not pay KRW 2,50,000 of value-added tax. Therefore, the Defendant is obligated to pay it. 2).

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