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1. As to KRW 31,043,054 and KRW 30,762,013 among the Plaintiff, the Defendant shall pay to the Plaintiff the year from May 30, 2015 to October 16, 2015.
Reasons
1. The following facts of recognition are not in dispute between the parties, or may be acknowledged by adding up the whole purport of the pleadings to the entries in Gap evidence 1 to 3, and Eul evidence 1.
On May 16, 2012, the Plaintiff agreed to receive 44,600,000 the amount equivalent to value-added tax on the said construction cost from the Defendant, instead of issuing a tax invoice for the said construction cost, when the Plaintiff received a contract from the Defendant for the construction cost of KRW 46,00,000 for the construction cost, which was manufactured and installed in the Defendant’s factory located in the Northern-do, 889-5, located in the Defendant’s factory located in the Northern-do, Chungcheongnam-do.
B. After that, on September 13, 2012, the Plaintiff completed the production of the pipe painting, and around October 22, 2012, after completing the trial operation by installing the above Defendant’s factory, the Plaintiff issued a tax invoice of KRW 46,00,000 on November 30, 2012 to the Defendant as the supply price.
C. However, the Defendant paid only KRW 350,000 among the above construction costs to the Plaintiff and did not pay the remainder of KRW 91,00,000 to the Plaintiff. The Plaintiff filed a lawsuit against the Defendant for the payment of KRW 91,00,000 which was not paid by the Busan District Court Decision 2012Da92209 against the Defendant. Accordingly, the Defendant filed a counterclaim against the Plaintiff for the payment of KRW 76,26,000 for delayed delay damages and KRW 46,380 for non-construction and defects.
In the above lawsuit, the court ordered the plaintiff to pay 35,282,800 won and delay damages after deducting 39,337,200 won and 16,380,000 won out of the compensation for delay of the defendant's assertion from the unpaid construction price of 91,00,000 won for the plaintiff's assertion, and the above judgment is in progress with the Busan District Court 2015Na4495 as of the date of filing each appeal by the plaintiff and the defendant.
2. Determination
(a) payment equivalent to value-added tax on the grounds of the claim;