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The defendant shall pay 87,537,487 won to the plaintiff and 12% per annum from September 29, 2020 to the day of complete payment.
Reasons
1. Facts of recognition;
A. The Plaintiff is the contractor of the metal structure construction work (hereinafter “instant C construction”) and the metal structure construction work (hereinafter “D construction work”) among D ground factory construction work among the former North Jeju-gun’s ground factory construction work (hereinafter “instant C construction work”), and the Defendant is the contractor of each of the aforementioned construction works.
B. On November 6, 2019, the Plaintiff and the Defendant concluded a contract with respect to the instant C corporation: (a) on November 6, 2019, the construction cost of KRW 405,460,00 (including value added taxes; hereinafter the same shall apply); (b) on the same day, the scheduled date of completion was November 6, 2019; (c) on the same day, the construction cost of the instant D corporation was KRW 364,540,00; (d) on November 6, 2019; and (e) on the scheduled date of completion as of December 31, 2019; (e) concluded a contract with the Plaintiff on December 31, 2019; and (e) made an additional payment of the construction cost as of December 31, 2019; and (e) made an amendment to the construction cost statement by the date of completion to the Plaintiff on January 31, 2020.
(c)
On December 2, 2019, the Plaintiff issued each tax invoice of KRW 10 million with respect to the instant C Corporation, ① tax invoice of KRW 73,822,00 on January 22, 2020, the tax invoice of KRW 73,822,00 on February 29, 2020, and the tax invoice of KRW 638,00 on March 31, 2020, and ② tax invoice of KRW 5,000 on November 12, 2019, in relation to the instant D Corporation; ② tax invoice of KRW 5,00,000 on December 5, 2019; tax invoice of KRW 6,00 on December 31, 2014; tax invoice of KRW 60,00 on December 36, 200; and each of the tax invoice of KRW 200,000 on December 14, 2019;
(d)
The Defendant: (a) as the construction cost of the instant C Corporation; (b) KRW 110 million on the tax invoice on December 2, 2019; (c) KRW 100 million on January 22, 2020; (d) KRW 100 million on the tax invoice on January 22, 2020; and (e) KRW 73,82,000 on May 8, 2020; and (e) KRW 50 million on the tax invoice on February 29, 2020.