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(영문) 광주지방법원 2016.09.02 2015가단29508
공사대금
Text

1. The Defendant’s KRW 125,206,480 for the Plaintiff and 5% per annum from July 7, 2015 to September 2, 2016.

Reasons

1. Facts of recognition;

A. (1) On December 10, 2013, the Plaintiff, who is engaged in the construction business of the instant contract, entered into a contract with the Defendant for each of the following (hereinafter “instant contract”). On December 10, 2013, with respect to “B-solar power generation (10kW) and construction works for a mushroom cultivation company” located in the Gangnam-gun, Gangnam-gun, Seoul Special Metropolitan City and one parcel of land: (a) the construction period from December 11, 2013 to February 28, 2014; and (b) the construction cost is KRW 118,800,000 (including value-added tax); and (c) the method of payment was determined as follows:

(A) No. 1, 1) Payment on behalf of a taxpayer

(a) down payment: 16,200,000 won (excluding value-added tax) shall be paid at the time of commencing the construction;

(b) part payments: payments shall be made in accordance with the timing of installation of construction machinery and materials at the site of 16,200,000 won (excluding value-added tax);

(c) Balance: payment shall be made within 15 days from the date of commencing the trading before and after the completion of the contract (excluding value-added tax).

(2) On December 10, 2013, the Plaintiff entered into a contract with the Defendant for each of the following (hereinafter referred to as “instant contract for the second contract”) with respect to the “construction of the Esolar power generation (100kW) and the construction of a mushroom cultivation plant” located in Gangnam-gu Seoul Special Metropolitan City D: (a) the construction period from December 11, 2013 to February 28, 2014; (b) the construction cost is KRW 118,800,000 (including value-added tax); and (c) the method of payment was determined as follows:

(Evidence A No. 1-2) Payment on behalf of a taxpayer

(a) down payment: 16,200,000 won (excluding value-added tax) shall be paid at the time of commencing the construction;

(b) part payments: payments shall be made in accordance with the timing of installation of construction machinery and materials at the site of 16,200,000 won (excluding value-added tax);

(c) Balance: payment shall be made within 15 days from the date of commencing the trading before and after the completion of the contract (excluding value-added tax).

B. The Plaintiff’s performance of construction works and the Defendant’s partial payment of the construction cost (1) from December 12, 2013 to the “solar power generation and mushroom cultivation plant” (hereinafter “instant construction”).

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