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(영문) 의정부지방법원 2015.07.03 2015나2769
약정금(부과세)
Text

1. Upon receipt of a claim for change in exchange at the trial, the defendant shall pay to the plaintiff KRW 37,068,506 and the defendant shall pay to the plaintiff the amount of KRW 37,06.

Reasons

1. Basic facts

A. On July 12, 2011, the Defendant was registered as the Plaintiff’s in-house director and served as the term “in-house director”. At the time of the registration of the above in-house director, the Defendant entered into a verbal agreement between the Plaintiff and the Plaintiff on the basis that, in the event that the Defendant contracted for construction work under the Plaintiff’s name, the amount equivalent to the value of the surcharge out of the total construction cost would be preferentially allocated to the Plaintiff, 5% of the amount equivalent to the remaining value of supply, and 95% of the amount equivalent to the Defendant

B. After that, on August 28, 2012, the Defendant supplied a sewage of KRW 391,60,000 (including value added tax) for the design waterproof work among the construction works of the Daegu Suwon-gu Construction Co., Ltd. (hereinafter “Nonindicted Company”) under the Plaintiff’s name. Since then, the subcontractor extended the construction period on February 4, 2013 and increased the construction price to KRW 440,00,000 (including value added tax).

C. On February 4, 2013, the Defendant also supplied a sewage to the Non-Party Company’s KRW 374,00,000 (including surtax) for painting and maintenance works during the said new construction works.

With respect to each subcontracting project above, the Plaintiff issued electronic tax invoices in the future of the non-party company as follows:

The value of supply of the construction work nomenclature 1, 200 on August 23, 2012, 2012, KRW 272,727,273,272,727, and KRW 340,00,00 on March 30, 2013; KRW 340,00,00 on May 6, 2013; KRW 34,00,00 on KRW 34,00,00 on May 6, 2013; KRW 107,272,728, KRW 10,727,00,00 on KRW 740,00,00 on KRW 739,99 on May 6, 2013;

E. Meanwhile, from August 23, 2012 to May 31, 2013, the Plaintiff received 742,00,000,000 won out of the total construction cost of each of the said subcontracted projects from the non-party company six times in total (i.e., KRW 40,000,000) from the non-party company (i.e., KRW 374,00,000), and at the Defendant’s request, received KRW 742,00,000 from the non-party company during several times during the period from August 23, 2012 to October 28, 2013.

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