logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 창원지방법원진주지원 2015.04.14 2013가단32983
공사대금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On December 30, 201, the Defendant was awarded a contract for B construction work in the amount of KRW 250,022,000 from the Superior-do. The construction cost was changed to KRW 281,49,000 due to changes in the construction content.

B. On February 29, 2012, the Plaintiff was awarded a subcontract for part of the flood disaster restoration work (hereinafter “instant construction”).

C. With respect to the instant construction project, the Plaintiff received KRW 34,11,566 from the Defendant as advance payment, and received KRW 153,684,010 from Gyeongnam-do, and received total of KRW 187,795,576 (i.e., KRW 34,111,566).

[Ground of recognition] Facts without dispute, Gap evidence 5, 6 evidence, Eul evidence 18-1, 2, Eul evidence 20, Eul evidence 21-1, 21-2, and the purport of the whole pleadings

2. The parties' assertion

A. In relation to the Plaintiff’s assertion construction of this case, the money that the Plaintiff is obligated to receive from the Defendant for the instant construction work is KRW 196,985,154 as indicated below, and only KRW 187,795,576 that did not reach the Plaintiff was paid. Thus, the Defendant is obligated to pay the remainder of KRW 9,189,578 (= KRW 196,985,154 – KRW 187,795,576) to the Plaintiff.

Items 32,814,81,566 won, total of the Plaintiff’s advance payment of KRW 153,684,01,566 won paid by the Defendant to the Plaintiff (A-B) KRW 159,40,371,371, the basic construction cost of KRW 32,814,818, the Defendant paid 153,684,01,566, the sum of the Plaintiff’s advance payment of KRW 157,795,576 won, the amount of KRW 9,189,578,576 won, which was paid by the Defendant to the Plaintiff.

B. The Defendant’s assertion that the construction amount paid by the Defendant to the Plaintiff relating to the instant construction exceeds the total construction cost that the Plaintiff should receive as indicated below, and the Plaintiff is obliged to return the excess amount to the Defendant.

Subject-matter (A) the Defendant incurred value-added tax of KRW 20,889,281 for the additional construction cost of KRW 158,580,00,00, which was paid by the Defendant to the Plaintiff in excess of the construction cost (B-A).

arrow