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(영문) 서울서부지방법원 2016.04.21 2014가합34829
공사대금
Text

1. As to the Plaintiff’s KRW 263,781,00 and KRW 136,160,00 among them, the Defendant shall pay to the Plaintiff KRW 64,939,00 from February 19, 2014.

Reasons

1. Facts below the facts of recognition may be found either in dispute between the parties or in Gap evidence Nos. 1, 2, and 3 (including branch numbers if there are branch numbers; hereinafter the same shall apply) together with the whole purport of the pleadings.

From the Defendant on January 8, 2013, the Plaintiff was awarded a contract with the Defendant for the installation of electric heating systems for the ground-to-face floor heating systems (including value-added tax) that the Plaintiff supplied to the relevant facilities (such as the heat temperature water pipe, e-electronic hosting cable, etc.) and completed the construction work on September 30, 2013, when the Defendant completed the construction work on September 30, 2013.

(hereinafter referred to as “instant heating works”). (b)

The defendant paid 330,900,000 won among the above construction price to the plaintiff as an electronic bill. Among them, each of the following bills is in default, and the plaintiff did not receive the bill:

Serial Nos. 13, 201201309130913085279,279,939,000 on September 13, 2013, 201, Plaintiff 1, the issue date of the issuer’s issuance date of the bill, and Plaintiff 2,682,682,00 on May 7, 2014, 2014

On the other hand, on February 18, 2014, the Plaintiff filed a claim with the Defendant for payment of KRW 136,160,000 among the total construction cost.

2. According to the facts of the determination as to the cause of the claim, unless there are special circumstances, the Defendant: (a) KRW 136,160,00 for the non-issuance of the Promissory Notes (i.e., KRW 467,060 - KRW 330,900) and KRW 127,621,00 for the non-issuance of the Promissory Notes (i.e., KRW 64,939,000) and KRW 263,781,00 for the total amount of KRW 127,62,00 for the non-issuance of the Promissory Notes (= KRW 136,160,000) and for the non-payment of the Promissory Notes from February 19, 2014 to KRW 64,90,000 for the non-payment of the Promissory Notes amount; and (b) KRW 136,160,000 for the non-payment of the Promissory Notes amount, KRW 26394,6.80.

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