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1. The Defendant’s KRW 120,000,000 as well as 20% per annum from January 13, 2015 to September 30, 2015 to the Plaintiff.
Reasons
1. Basic facts
A. On November 6, 2012, the Defendant was awarded a contract from C to “the construction of a new factory in the Chungcheong City Co., Ltd.” that newly built a factory in Chungcheongnam-si.
On November 2012, the Defendant entered into a contract with the Plaintiff to subcontract to the Plaintiff (hereinafter “instant subcontract”) the trademark panel construction works, etc. (hereinafter “instant construction works”) among the said construction works.
However, the Plaintiff and the Defendant did not prepare a disposal document, such as a written contract, regarding the instant subcontract.
B. Since June 2013, the Plaintiff transferred the instant construction site to E (hereinafter “E”) under the circumstance that the Plaintiff completed the additional construction works on each board, steel frame, window construction and office building among the instant construction works (excluding the additional construction of the mechanical room in the third claim form).
Accordingly, E completed the “additional Construction Works” of the following 3th written claim during the instant construction.
C. From November 14, 2012 to April 4, 2013, the Plaintiff issued an electronic tax invoice of KRW 970,00,000 (including value-added tax; hereinafter the same shall apply) to the Defendant regarding the instant construction. On June 29, 2013, the Plaintiff submitted a written claim to the Defendant, stating the amount of progress payment for the instant construction works at KRW 1,192,794,790 (hereinafter “the amount excluding the amount of progress payment for the instant construction works at the third period claim; hereinafter “the second period claim”). From November 14, 2011 to April 4, 2013, the Defendant submitted a written claim to the Defendant for the construction payment at KRW 850,000,000 in total, including the amount of completion payment for the instant construction works at KRW 1,192,794,790, the amount of completion payment for the instant construction works at KRW 274,2013.
The particulars of the construction of this case stated in the third claim shall be as follows.
The name of goods, single value added tax, gold 321,40,985.