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(영문) 부산지방법원 2020.02.12 2017나50270
양수금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. 1) On May 20, 2015, the head of Busan Metropolitan City’s annual head of the Gu around May 20, 2015, he/she owned by the Defendant and one parcel outside Busan Metropolitan Government C (hereinafter “instant land”).

(2) On July 13, 2015, the Defendant issued an order to purify the contaminated soil of this case to D Co., Ltd. (hereinafter “transferor”) on July 13, 2015 on the basis of the results of the detailed survey of the contaminated soil as well as issuing an order to take measures to purify the contaminated soil of this case (hereinafter “instant purification work”) on a contract basis of KRW 35 million.

3) Upon request from the transferor, the Defendant issued a tax invoice of KRW 56,391,780 (excluding value-added tax) for the actual cost of the purification work in this case, and promised the transferor to pay the value-added tax of KRW 5,639,178 for the additional service cost. (B) The Defendant and the transferor concluded a tax invoice of KRW 32,60 million for the occasional inspection, retaining wall construction, underground tank installation, installation and inspection of new supplementary pipes, gradation, construction of the main floor civil works, construction cost of KRW 40 million (excluding value-added tax, KRW 40% for the construction cost after concluding the contract, KRW 40% for the tank installation, KRW 20% for the construction cost after the authorization and permission, and KRW 20% for the construction period from September 15, 2015 to the construction period from September 15, 2015.

2 The defendant and the transferor set the construction amount to KRW 313,00,000 in consideration of the delay of the transferor's construction on April 27, 2016 and the additional construction due to the modification of a design around October 2015, and the construction schedule shall be paid to 2/100 in the case of delayed due to the problem of the transferor, and the construction schedule shall be up to May 30, 2016, and the work schedule shall be up to the floor conclusion, excluding the upper part.

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