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(영문) 전주지방법원 2016.11.04 2014가합8492
공사대금
Text

1. The Defendant’s KRW 129,403,530 as well as 5% per annum from July 23, 2015 to November 4, 2016 to the Plaintiff.

Reasons

In fact, on April 23, 2014, the Defendant entered into a contract with the Plaintiff on the construction of the instant building (hereinafter “instant building”) and the first class neighborhood living facilities (hereinafter “instant building”) with the terms of the construction cost of KRW 375 million and the construction cost of KRW 15 million as of September 15, 2014 (hereinafter “instant contract”).

The Plaintiff completed the instant construction on September 22, 2014, and on the same day, approved the use of the instant building.

The Plaintiff received payment from the Defendant for the instant construction cost of KRW 220 million in total, including the down payment of KRW 70 million on April 24, 2014, and the intermediate payment of KRW 150 million on July 1, 2014 (= KRW 150 million).

【In the absence of dispute, the Plaintiff’s assertion of the purport of the Plaintiff’s assertion as to the entire pleadings and records Nos. 1 and 2, and the Plaintiff’s assertion was made at the Defendant’s request, for additional construction works, such as modification of the creative specifications, modification of the glass specifications, and addition of the creative specifications. The construction price is KRW 26,656,00.

In addition, the defendant should also pay to the plaintiff the amount equivalent to the value-added tax on the construction cost and the additional construction cost under the contract of this case.

Therefore, the Defendant shall, upon completing the instant construction and additional construction works, pay the Plaintiff the remainder of KRW 221,821,600,000, excluding the amount of KRW 2220,000 already paid by the Defendant, and damages for delay from September 16, 2014, which is the day following the completion date stipulated in the instant contract, to the effect that: (i) KRW 375,500,000 [i] KRW 26,65,000, value-added tax of KRW 2656,65,600 (= KRW 26,656,00 x 10%) of KRW 441,821,60, and value-added tax (i.e., value-added tax of KRW 375,500,000) as well as KRW 37,500,000,

The defendant's summary of the defendant's assertion is only seven million won for additional construction costs to be paid to the plaintiff.

In addition, since the Plaintiff did not report and pay the value-added tax, the Defendant shall pay the Plaintiff the amount equivalent to the value-added tax.

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