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(영문) 광주지방법원 2019.03.29 2017나8230
공사대금 등
Text

1. The following amount among the part concerning the plaintiff (appointed party) and the appointed party C in the judgment of the court of first instance.

Reasons

1. Judgment on the plaintiff's claim

A. The parties’ assertion asserts that the Plaintiff received KRW 28,00,000 in total for interior and telecommunications facilities including additional construction from the Defendant (value added tax) and that the Plaintiff did not receive KRW 10,300,000 among them.

The defendant asserts that there was no additional construction contract with the plaintiff.

B. In light of the overall purport of the pleadings in the evidence Nos. 1, 2, and 1-2 of the judgment party or in full view of the purport of the entire pleadings as to the entries in evidence Nos. 1-1, 2, and 1-2 of the evidence No. 1-2 of the judgment party, the Plaintiff may complete the construction of interior electricity and telecommunications facilities under supply of KRW 20,50,000 (excluding value-added tax) from the Defendant among the new construction of a public bath building on the Seo-gu G ground (hereinafter “instant building”), and may recognize the fact that the Plaintiff was paid KRW 18,60,000. However, there is insufficient evidence to acknowledge that the Plaintiff concluded an additional construction contract with the Defendant solely on the basis of each statement No. 1-2

Therefore, the Defendant is obligated to pay to the Plaintiff KRW 3,950,000 (i.e., KRW 20,50,000 of value-added tax 2,050,000 of value-added tax - KRW 18,600,00 of value-added tax - The amount of interest for the fixed payment of KRW 18,60,000) and to pay damages for delay calculated at the rate of 6% per annum under the Commercial Act from September 12, 2017, which is the day following the delivery of a copy of the complaint in this case, until March 29, 2019, which is the date of the imposition of a considerable amount of judgment, until the day of full payment.

2. Determination as to the claim filed by the Appointor D

A. The parties’ assertion asserts that D’s receipt of tin construction from the Defendant on May 12, 2016, among the instant building construction works, was completed and the construction cost was fully paid, but it did not receive KRW 5,710,000,000 for additional construction costs.

For this reason,

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