logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2017.11.17 2017가합506665
양수금
Text

All of the plaintiffs' claims are dismissed.

The costs of lawsuit shall be borne by the plaintiffs.

Reasons

Basic Facts

A. 1) Cheongcheon-si E apartment (hereinafter “instant apartment”) from D on June 7, 2011, the Cheongcheon-si development entered into a construction contract and a subcontract agreement.

2) On September 5, 201, 201, Cheongsu Development entered into a contract with the Defendant to subcontract the structural construction of the instant apartment construction (hereinafter “instant apartment construction”) among the new construction works (hereinafter “instant subcontract”). The main contents are as follows.

The period of construction: The contract amount from September 15, 201 to December 30, 2011: KRW 1,180,000 per square meter x advance payment of value-added tax at 1,180 square meters (other than the remainder after subtracting the first floor from underground and ground): An advance payment of value-added tax: The construction cost shall be paid in preference to the date received from the project owner who has no order or within 15 days from the date of the contract.

Provided, That the method of payment shall be the whole amount of the construction cost.

Items and quantities of paid materials: None;

B. Around March 2012, the Defendant completed the instant framework construction. (2) On June 25, 2012, the Defendant included the amount of KRW 1,245,440,00 (including KRW 25,300,000 for the instant framework construction) in the amount of KRW 140,520,00 for the instant framework construction (including KRW 25,300 for the instant framework construction) and the amount of KRW 113,050,00 for the steel industry, KRW 7,700 for the scrap industry, and KRW 261,270,000 for the amount of KRW 261,270,00 for the instant framework construction (including the amount of KRW 1,180,000 for the value-added tax) as well as the amount of KRW 984,70,00 for the instant framework construction. It is reasonable to view that the Defendant did not include the value-added tax, even if it did not include the value-added tax.

C. On December 1, 2014, the Cheongsu Development’s lawsuit seeking the confirmation of the existence of the obligation for the construction cost against the Defendant for the Cheongsu Development was filed against the Defendant at the Jung-gu District Court. The Defendant procured direct materials pursuant to the instant subcontract, and the instant structural construction.

arrow