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(영문) 서울중앙지방법원 2018.06.08 2014가합586677
추심금
Text

1. The Defendant’s KRW 49,050,376 on the Plaintiff’s KRW 5% per annum from December 9, 2014 to June 8, 2018.

Reasons

1. Facts of recognition;

A. On October 17, 2013, the Defendant was awarded a contract from Royststst Co., Ltd. for the period from October 17, 2013 to December 24, 2015, with the total construction cost of KRW 606,50,000 (excluding value-added tax) and the construction period of KRW 606,50,000 (excluding value-added tax) on December 1, 2013.

B. On October 19, 2013, the Plaintiff’s Intervenor (hereinafter “Supplementary Intervenor”) received construction orders from the Defendant’s head of the Defendant’s site office with respect to the removal of the said construction, the removal of outside malds, and the interior interior interior interior interior decoration (hereinafter “instant construction”) from the Defendant’s site manager D without any separate contract, and completed the construction on December 17, 201 of the same year, and the Defendant paid the Intervenor the construction cost of KRW 275 million (including value-added tax).

C. On August 7, 2014, the head of Sung-dong Tax Office attached the amount of money to be paid by the supplementary intervenor from the defendant to the delinquent amount among the construction price payable by the supplementary intervenor pursuant to Article 41 of the National Tax Collection Act on the ground that the supplementary intervenor defaulted 135,951,670 won in total among value-added 8 items of value-added tax, and the notice of attachment

8.13 Service was made to the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 6, Eul evidence 1 to 4, Eul evidence 13 (including paper numbers), the purport of the whole pleadings

2. The parties' assertion

A. Although the Plaintiff and the Intervenor’s Intervenor paid the instant construction cost of KRW 270,00,00 from the Director of the On-Site on behalf of the Defendant, the construction amount was increased to KRW 406,175,00 (including value-added tax) due to the Defendant’s design modification and additional construction, and the Defendant paid only KRW 275,00,000 among them.

Therefore, the defendant shall pay 69,935,195 won remaining after deducting 275,00,000 won from 344,935,195 won as a result of the appraiser E’s appraisal due to the unpaid construction price.

B. The defendant's assertion that ① there was no subcontract for the construction of this case to the supplementary intervenor, and the supplementary intervenor.

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