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The defendant shall pay 321,40,000 won to the plaintiff and 12% per annum from September 9, 2020 to the day of complete payment.
Reasons
1. Indication of claim;
A. On March 15, 2017, the Defendant entered into a contract under which the Plaintiff would pay the Plaintiff KRW 2,500,000,000 (hereinafter “instant contract”) with the execution cost when the Plaintiff executes and executes a multi-household housing construction project on the land of Seongdong-gu, Seoyang-gu, Seoyang-gu (Seoul). The Plaintiff completed the construction of D, a multi-household housing (hereinafter “multi-household housing”), and obtained approval for the use of the instant multi-household housing around December 26, 2017.
B. The Defendant agreed to receive the sale price of the instant multi-household housing and the deposit for the lease on a deposit basis to pay the Plaintiff the unpaid construction price pursuant to the instant contract. The Defendant did not pay the Plaintiff KRW 218,400,000 and the deposit for the lease on a deposit basis with the Plaintiff.
C. Therefore, the defendant is obligated to pay to the plaintiff 321,400,000 won (=218,400,000 won) and damages for delay calculated at the rate of 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from September 9, 2020 to the date of full payment after the due date, as requested by the plaintiff, a copy of the purport of the claim and the application for modification of the cause of the claim from September 2, 2020 to the date of full payment.
2. Article 208 (3) 3 of the Civil Procedure Act (Judgment by public notice) of the applicable provisions of Acts;
3. The Plaintiff seeking payment of value-added tax of KRW 13,940,000 in addition to the unpaid construction cost, but the contractor paid value-added tax on the construction contract after completing the construction work.
Even if this is a supplier of the above construction services, it cannot be deemed that the contractor subrogated to pay the value-added tax to be paid by the contractor. Therefore, the amount equivalent to the value-added tax cannot be claimed against the contractor, and the contractor is the contractor separately from the contract price when concluding the contract.