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(영문) 광주지방법원순천지원 2015.09.17 2015가합497
공사대금
Text

1. The Defendant’s KRW 214,250,00 for the Plaintiff and the following: 6% per annum from January 27, 2015 to March 26, 2015.

Reasons

1. Facts of recognition;

A. On October 20, 2014, the Plaintiff and the Defendant entered into a subcontract contract with the Plaintiff for the interior project, which is set at KRW 190,000,00 (excluding value-added tax) and from July 2014 to October 20, 2014, with respect to the interior project, among the construction works newly constructed and remodeled in Chora, and entered into an additional construction contract with the Defendant as the construction cost of KRW 52,50,000 (excluding value-added tax) on December 2, 2014 while performing the construction project.

In addition, on November 10, 2014, the Plaintiff concluded a contract with the Defendant for the supply of goods to install the said remodeling works with the materials, such as the implements (denals), spathings, and showers, which are necessary for the said remodeling works, by determining the remainder amount of KRW 25,00,000 (excluding value-added tax).

B. On November 30, 2014, the Plaintiff issued electronic tax invoices of KRW 10,00,000, KRW 33,000,000 on December 4, 2014, KRW 176,000 on December 24, 2014, KRW 57,750,000 on and KRW 17,50,000 on and among the persons supplied with the Defendant.

C. The Plaintiff completed construction under each of the above contracts, and the Defendant paid KRW 80,000,000 to the Plaintiff four times from December 27, 2014 to January 10, 2015.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 6 (including additional number), the purport of the whole pleadings

2. According to the above facts of determination, the defendant entered into a contract for delivery and supply of goods with a sum of 294,250,000 won [267,50,000 won (190,000 won) x 1.00 won x 25,000 won (including additional construction) x 1.00 won] including the plaintiff and value added tax. Since the plaintiff has fully performed the construction, the defendant has fully performed the construction, 214,250,000 won (including 80,000,000 won paid to the plaintiff from the total construction cost) and the remaining construction cost after deducting 80,000 won (294,250,0000 won - 80,000,0000,0000 won) from January 27, 2015 to 26, 2015 and 3.6.6.6.6.00% of the year thereafter, as the plaintiff requested.

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