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(영문) 대구지방법원 김천지원 2018.01.25 2016가단30940
공사대금
Text

1. The Defendant’s KRW 18,005,180 for the Plaintiff and 6% per annum from November 19, 2015 to January 25, 2018.

Reasons

1. Basic facts

A. On April 16, 2015, the Plaintiff concluded a construction contract with Defendant and Kimcheon-si (hereinafter “instant building”) to construct a salt slaughterhouse 2 Dong (hereinafter “instant building”).

(hereinafter “instant contract”). (b)

The original construction cost of the instant contract was KRW 640,00,000 (including value-added tax) and the construction period was from April 30, 2015 (Provided, That the date of commencement from the date of completion of soil and sand removal to July 30, 2015) to July 30, 2015; thereafter, the Plaintiff and the Defendant reduced the construction cost to KRW 475,00,000 (excluding value-added tax) and the construction period was changed to September 20, 2015.

(hereinafter “instant construction project”). C.

After that, the Plaintiff completed the instant construction on October 25, 2015 and obtained approval for use of the building on November 18, 2015.

The Defendant paid KRW 100,000,000 to the Plaintiff on June 5, 2015, and the Plaintiff received KRW 18,000,000 from the Defendant through C on August 26, 2015.

After completion of construction, the Defendant paid the Plaintiff KRW 200,000,000,000 on March 8, 2016, and KRW 100,00,000 on March 9, 2016.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 9 (including each number; hereinafter the same shall apply), Eul evidence No. 29, the purport of the whole pleadings

2. Determination

A. 1) The plaintiff's assertion 1) The plaintiff is obligated to pay the plaintiff the total construction cost of 475,00,000,000 won for the contract of this case, value-added tax of 58,181,820 won for the tax invoice issued by the plaintiff, value-added tax of 31,60,000 won for additional construction cost of 564,781,820 won, 18,000 won for construction cost delivered through C, and 18,000 won for the remainder of 143,181,820 won for the contract of this case, and delay damages for this amount of 3,60,000 won for the construction cost of this case, after deducting 3,60,000 won for the remainder of 143,181,820 won for the construction cost of this case, and 475,000,0000 won for the construction cost of this case for the contract of this case as well.

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