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(영문) 서울동부지방법원 2018.01.31 2016가단39591
공사대금
Text

1. The Defendant’s KRW 160,321 as well as the Plaintiff’s annual rate from January 12, 2017 to January 31, 2018.

Reasons

1. Facts of recognition;

A. On July 28, 2016, the Central Veterans Hospital affiliated with the Defendant publicly announced the construction of an emergency room for the prevention of infectious diseases at the National Veterans Hospital (hereinafter “instant construction”), and the Plaintiff was selected as a successful bidder.

B. On August 10, 2016, the Plaintiff concluded a construction contract with the Defendant with the following content.

The construction name: The date of completion on August 16, 2016: 302,80,000 won (including value-added tax) for the construction of an emergency room for the prevention of infectious diseases: The construction work of this case is subject to the national health insurance premium, national pension premium, long-term care insurance premium for the elderly, 1,734,354 won with national health insurance premium, 2,540,319 won with national pension premium, and 113,599 won with long-term care insurance premium for the elderly.

However, the actual insurance premium paid after the construction is settled.

C. On August 24, 2016, the Defendant paid KRW 151,400,000 to the Plaintiff.

On October 14, 2016, the Plaintiff completed the instant construction work.

E. On October 10, 2016, the Plaintiff paid KRW 51,380 to the National Pension Service. around the 15th of the same month, the Plaintiff paid KRW 71,360 to the National Health Insurance Corporation, and KRW 4,660 to long-term care insurance premium, but the Defendant did not submit the payment details of the above insurance premium.

F. On November 17, 2016, the Plaintiff issued a tax invoice claiming construction cost of KRW 151,40,000 (value-added tax of KRW 137,636,364, value-added tax of KRW 13,763,636) to the Plaintiff and the recipient as the Defendant.

G. On December 1, 2016, the Defendant directly paid KRW 92,327,600 to the Plaintiff’s subcontractor and the Plaintiff paid KRW 51,131,638.

The above KRW 51,131,638 paid to the Plaintiff is the amount calculated by deducting KRW 92,327,60,60 from KRW 151,40,000 for the construction payment, and KRW 1,2,940,762, which was paid to the Plaintiff.

(1) National health insurance premiums, KRW 1,734,354, which are reflected in a contract.

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