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(영문) 전주지방법원 군산지원 2018.08.09 2017가합10642
공사대금
Text

1. The Defendant: (a) KRW 188,279,94 for the Plaintiff and KRW 5% per annum from December 19, 2015 to March 22, 2017; and (b) the Plaintiff.

Reasons

. H. The term “H”

) During the instant construction project, the Plaintiff entered into a contract to contract telecommunications fire-fighting construction works with KRW 64,00,000 (excluding value-added tax), and F is a limited liability company I (hereinafter “I”) on July 7, 2015.

(D) A contract was concluded between the Plaintiff and the Defendant on the construction cost of KRW 49,800,000 (excluding value-added tax) for the installation of a list in the instant plant. On September 1, 2015, the Plaintiff and the Defendant entered into a subcontract agreement (Evidence A; hereinafter referred to as “instant subcontract agreement”) with the following content that the Defendant subcontracts to the Plaintiff on the price of the civil engineering works in the instant construction works to the Plaintiff at KRW 237,380,00 (excluding value-added tax):

was drawn up.

2. The name of subcontracted project: Civil engineering works among the construction works of the FGG factory.

4. Period of construction: Amount of construction on October 31, 2015, the completion of which on September 5, 2015: KRW 237,380,000 (excluding value-added tax).

6. Payment of the price;

(a) Contract deposit: None;

(b) A completed portion: None;

(c) Completion money: The original contract is within the next day after the receipt of the amount from the place of the order * The subcontractor may not claim as the original contract enterprise when the original contract is not received;

E. On the other hand, on September 1, 2015, the date of the execution of the instant subcontract between the Plaintiff, the Defendant, and F three parties, written a statement of direct payment that the third party consents to the payment of the construction cost of KRW 237,380,00 (excluding value-added tax) under the instant subcontract to the Plaintiff (Evidence B No. 8; hereinafter “instant direct payment statement”).

F. On December 2, 2015, the Plaintiff issued a tax invoice of KRW 206,118,00 (including value-added tax) with the supply value as the Defendant and the supply value of KRW 206,118,00 (including value-added tax). On December 18, 2015, the Defendant issued a tax invoice of KRW 794,618,00 (including value-added tax) with the supply value of KRW 11.

G. Around October 2015, the Plaintiff completed construction based on the instant subcontract. The approval for use of the instant plant was granted on December 18, 2015, and on January 6, 2016.

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