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(영문) 대구지방법원 2019.11.06 2017가단111908
공사대금
Text

1. The Plaintiff (Counterclaim Defendant) shall pay to the Defendant (Counterclaim Plaintiff) KRW 46,460,000 as well as the full payment with respect thereto from June 20, 2019.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company running a construction business and artificial fishery business, and between the Defendant and the Defendant, the construction work of constructing a building on the ground level C in Daegu-gu, Daegu-gu (hereinafter “instant construction work”) from the Defendant (hereinafter “instant construction work”) is KRW 560,000,000 for the construction cost of KRW 450,000,000,000, but there is no dispute between the parties that the actual agreement is KRW 450,000,000.

(A) The Plaintiff filed a claim for construction cost including value-added tax, and the Defendant also tried to settle the portion of value-added tax after construction in the preparatory document dated August 22, 2017.

The contract for construction works (hereinafter referred to as the “instant contract for construction works”) was entered into.

In the instant construction contract, the construction period shall be from July 1, 2016 to October 15, 2016, and where the Plaintiff fails to complete construction works within the construction completion period, the amount of 1/1,000 of the construction cost per day shall be paid to the Plaintiff as liquidated damages.

B. The Plaintiff, while proceeding with part of the instant construction, suspended construction around March 2017.

On the other hand, the Plaintiff received KRW 400 million from the Defendant as the construction cost of this case.

C. The Plaintiff paid value-added tax amounting to KRW 40 million for the original work.

Until the interruption of the foregoing subsection, the progress rate of the instant construction project is 71.3% [the progress payment amount: 320,08 million won (=450,000 won x 71.3%)] of the total construction cost.

E. Upon the Defendant’s request, the Plaintiff paid to D KRW 19,340,00 on August 10, 2016, KRW 19,340,00 to the Defendant, KRW 10,000 on August 24, 2016, KRW 6 million on September 20, 2016 to the Defendant, and KRW 10,000,000 to E, respectively.

Of F 17,50,000 Chang Ho Construction G 30,500,000 Won 13,000,000 from March 30, 2017, the Plaintiff paid the remainder of KRW 17,50,000 on April 28, 2017, and the Defendant paid KRW 17,50,000 from H Co., Ltd. 2,30,300,000 outer wall construction KRW 2,30,000 on deposit on May 3, 2017.

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