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(영문) 서울중앙지방법원 2017.09.13 2016가합521759
공사대금
Text

1. The Defendant’s KRW 231,964,656 for the Plaintiff and KRW 6% per annum from July 1, 2016 to September 13, 2017.

Reasons

1. Terms and conditions of a special agreement on foundation;

8. When issuing a housing ratio tax invoice, the Plaintiff shall separately pay 5% of the total purchase tax on the invoice to the Defendant, and the tax invoice shall pay 10% of the value-added tax separately.

Conditions of Payment of Contract Construction Costs

1. Contract deposit: 80,000,000 won - Contract deposit

2. The intermediate payment of KRW 140,000,00 - When the second floor above the frame is completed;

3. Balance 255,00,000 won - Within two months after completion.

A. On March 9, 2015, the Plaintiff concluded a construction contract by setting the construction period from March 16, 2015 to September 15, 2015 with respect to the construction of a multi-family house and neighborhood living facilities (hereinafter “instant building”) on the land of Seocho-gu Seoul and the Defendant (hereinafter “instant building”) as the construction period (hereinafter “instant construction work”), the construction amount of KRW 475,000,000 (the value-added tax under the Value-Added Tax Act shall be separately paid), and the liquidated damages rate of KRW 0.1%.

The important parts of the contents of the special agreement to be incorporated into the instant construction contract and the conditions for the payment of contract construction cost are as follows.

B. On October 27, 2015, the Defendant issued a contract for the 19,500,000 won (including value-added tax) for the construction period from October 28, 2015 to December 14, 2015, with the strong floor and scing construction of the instant construction among the instant construction to El Underground Scis Co., Ltd.

C. On December 18, 2015, the Plaintiff and the Defendant, from March 16, 2015 to December 30, 2015, changed the construction period from March 16, 2015 to December 30, 2015, changed the construction cost from KRW 475,20,000 to KRW 457,20,00, and drafted a written change in the contract for construction work that determines value-added tax as KRW 20,939,760.

(hereinafter referred to as “instant settlement agreement”). Attacheds to the said settlement agreement shall contain the following contents:

Contract Price: 457,272,727 won (=475,00,00 won - 17,727,273 won - 17,273 won per unit, 177,273 won of value-added tax = 1,772,727 won of value-added tax = 19,500,000 won): Tax exemption: 457,200 won of supply - 54.2%: 260,23,908 won [247,802,400 won + 12,390,120 won] - Taxation: 45.8%: 230,360 won = 237,3609,3979,397.

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