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(영문) 서울중앙지방법원 2020.06.04 2019가단5051631
용역비
Text

1. The Defendant’s KRW 38,525,157 with respect to the Plaintiff and KRW 6% per annum from April 18, 2019 to June 4, 2020.

Reasons

1. Basic facts

A. The Defendant, as the owner of the building on the ground outside Seoul Jung-gu and one parcel of land (hereinafter “instant building”), promoted the remodeling construction of the instant building.

B. The Plaintiff’s business purpose is the civil engineering and building structure design, supervision, safety inspection, and incidental business related thereto. Around April 17, 2017, the Plaintiff submitted a written estimate stating the construction cost of KRW 50,00,000 (Additional Tax) to the Defendant regarding the structural reinforcement work among the remodeling construction works of the instant building, and performed the said construction work after concluding the construction contract.

C. The Defendant requested the Plaintiff, who was performing the above structural reinforcement works, to additionally assign the remaining remodeling works on behalf of the existing remodeling work company.

On May 9, 2017, the Plaintiff submitted a written estimate to the Defendant that stated the construction cost in KRW 14,700,000 (Additional tax set) with respect to the construction of steel stairs, and performed the said construction work. ② On May 23, 2017, the Plaintiff submitted a written estimate to the Defendant that stated the construction cost in KRW 9,50,000 (Additional tax set) with respect to the construction of the second, third and upper floors and rooftop structures, and performed the said construction work. ③ On June 29, 2017, the Plaintiff submitted a written estimate to the Defendant that stated the construction cost in KRW 95,60,000 (Additional Tax set aside) with respect to the interior works.

On June 30, 2017, the Plaintiff issued a tax invoice stating that the Defendant claims the amount of KRW 102,50,000, the amount of KRW 10,250,000, the total amount of KRW 112,750,000, and the total amount of KRW 66,20,000, the amount of KRW 66,200,000, the total amount of KRW 6,620,000, the total amount of KRW 72,820,000, respectively.

The total amount of the above tax invoices is KRW 185,570,000.

E. The Defendant: (a) paid the Plaintiff construction price of KRW 25,00,000,00 on April 19, 2017; (b) KRW 25,00,000 on May 18, 2017; (c) KRW 52,50,000 on May 31, 2017; and (d) KRW 52,50,000 on May 31, 2017.

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