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(영문) 부산지방법원 2016.05.12 2014가단29465
공사대금
Text

1. The Defendant’s KRW 33,00,000 and the Plaintiff’s annual rate of KRW 5% from July 26, 2011 to May 12, 2016.

Reasons

1. The parties' assertion

A. The Plaintiff’s assertion 1) The Plaintiff’s assertion as to the unpaid construction cost under the instant contract between the Defendant and the Defendant on May 23, 2011 (hereinafter “instant construction”).

As to the contract amount of KRW 110 million (excluding value-added tax) and the construction period from May 25, 201 to July 15, 2011, concluded a contract for construction works as to the contract amount of KRW 10 million (hereinafter “instant contract”). (No. 1, 2, and hereinafter “instant contract”).

(2) On July 25, 201, the above construction was completed. On the other hand, the fact that the Defendant received KRW 88 million out of the construction cost of the instant case is the Plaintiff. Therefore, the Defendant is obligated to pay the Plaintiff the unpaid construction cost of KRW 33,00,000 [= KRW 121,00,000,000 per contract amount of KRW 11,000,000 per annum - KRW 88,000], and delay damages therefrom. 2) The primary assertion of the additional construction cost is the Plaintiff at the Defendant’s request, and the Defendant is not obligated to pay the said additional construction cost of KRW 17,325,23,00 at KRW 17,325,233 and value-added tax of KRW 1,732,523, and delay damages therefrom, and the Defendant is not obligated to pay the said additional construction cost of KRW 19,577,756 and delay damages therefrom.

B. The Defendant’s assertion did not complete the construction under the instant contract, and the amount of the non-execution portion exceeds the remaining amount under the contract.

The construction price of this case shall be offset against the compensation for delay on an equal basis.

The Plaintiff cannot seek value-added tax from the Defendant on the grounds that there was no tax invoice or payment of value-added tax on the construction cost under the instant contract.

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