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(영문) 수원지방법원 2016.08.10 2015가단106062
도급금
Text

1. The Defendant’s KRW 24,975,00 to the Plaintiff and its related KRW 6% per annum from September 30, 2014 to August 10, 2016.

Reasons

1. Evidence 【Evidence】 1-1 through 8, A2-1 through 103, and the purport of the whole pleadings;

A. The Plaintiff is a person engaged in the business of lending money in the trade name of “B,” and the Defendant is a corporation with the aim of civil engineering works.

B. On April 11, 2014, the Plaintiff entered into a service contract between the Plaintiff and the Defendant with the content that the Plaintiff would lend creams to the Defendant’s elementary school construction site and conduct cream work without setting a unit price for the Defendant’s rental and work.

C. The Plaintiff, at the construction site of the Dongtan2 New City C Elementary School designated by the Defendant, performed the lending and work by September 25, 2014.

(1) In carrying out the work on the day, the Plaintiff presented the unit price indicated in the Defendant’s on-site manager’s certificate of payment of the price and the certificate of use of construction machinery. When issuing the tax invoice, the Plaintiff adjusted the unit price or total claim amount in consultation with the Defendant

(2) On June 2, 2014, the Plaintiff received KRW 39,320,00 in total from the Defendant, including KRW 13,200,00 on June 30, 2014; KRW 5,000,000 on July 23, 2014; and KRW 19,525,00 in August 25, 2014.

(3) The amount entered in the tax invoice issued by the Plaintiff is KRW 70,675,00 as follows.

The total amount of supply on April 30, 2014. 1, 450,000 145,000 1,595,000 on May 30, 2014; 5,000,000 5,5000 on June 3, 2014; 7,000,000 7,700,000 7,700,000 on June 3, 2014; 7,000, 700,000 on June 11, 2014; 60,60,000 160,160, 000 160, 760, 160, 90, 160, 900, 1600, 900, 16000, 6000, 608, 108, 10508

2. The allegations by the parties and the judgment of this court

A. The Plaintiff’s assertion (1) is that the service payment for the Defendant of the Plaintiff’s assertion is KRW 70,675,000 (including value-added tax), such as the list of the service payment in attached Form 31,35,00 (=70,675,00-39,320,00).

(2) The defendant.

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