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(영문) 서울고등법원 2015.01.23 2014나2909
공사대금 등
Text

1. Of the judgment of the court of first instance, the part against the Defendant (Counterclaim Plaintiff) that exceeds the money ordered to pay below.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. Dusan Construction Co., Ltd. (hereinafter “Dudusan Construction”) subcontracted to the Defendant the “construction works for lectures and cables” among the construction works for the Multifunctional Administrative City No. 1,000 that were supplied and demanded by the Korea Land and Housing Corporation.

B. On January 12, 2012, the Plaintiff was re-subcontracted by the Defendant with the construction cost of KRW 2.365 million (including value-added tax) during the construction of the said lecture and cable (hereinafter “instant construction”) as of January 12, 2012; the date of commencement; the date of completion as of June 30, 2012; and the date of completion as of June 30, 2012 (hereinafter “instant construction contract”); according to the instant construction contract, the Plaintiff is obliged to pay the price by the due date set within the period of 60 days from the date of acquisition of the object.

C. The Plaintiff continued the instant construction project from February 2, 2012 to June 2012. From February 2, 2012 to June 2012, the details of the construction cost claimed by the Plaintiff by issuing a tax invoice to the Defendant are as listed in the following table. The Defendant completed approval for each tax invoice.

The Plaintiff’s issuance date of the Plaintiff’s tax invoice on February 29, 2012, the amount of KRW 327,80,000,000 on March 31, 2012, which was March 31, 2012; KRW 473,00,000 on April 30, 2012; KRW 473,000 on April 30, 2012; KRW 5,000,000 on May 1, 2012; thus, the Plaintiff’s assertion that the amount of KRW 704,00,000 on May 31, 2012 was KRW 70,00,000 on June 30, 2012; and thus, the Plaintiff’s tax invoice was issued as KRW 470,00,000 on June 305, 200; and the Plaintiff’s assertion that the amount of KRW 530,585,2012.

Total 2,365,000,000

D. From April 2012 to June 2012, the Defendant was immediately paid to the Plaintiff’s sewage supplier, etc. on behalf of the Plaintiff, among the details of progress payment that the Defendant directly paid to the Plaintiff, and the details of the execution of material expenses, personnel expenses, etc. included in the claim for the cost of construction works from March 2012 to June 2013.

70,000,000 won on April 3, 2012 on the date of direct payment by a direct subcontractor.

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