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청주지방법원충주지원 2015.07.16 2014가합642
공사대금
Text

1. The Defendant’s KRW 82,936,425 to the Plaintiff and KRW 5% per annum from June 17, 2014 to July 16, 2015 to the Plaintiff.

Reasons

1. Basic facts

A. A. A around April 2013, the Defendant awarded a contract to A for construction of manufacturing facilities on land outside B and one parcel (hereinafter “instant construction contract”). However, the construction cost was calculated as KRW 121,00,000 (including value-added tax; hereinafter the same shall apply) and as KRW 374,00,000 in total by calculating the construction cost as KRW 495,00,000,000, based on the construction cost.

B. During the process of civil engineering works pursuant to the instant construction contract, A introduced the Plaintiff to the Defendant on May 2013, and the Plaintiff had the construction works performed during the instant construction works.

C. Around July 2013, the Plaintiff performed an additional construction work necessary for the Plaintiff to change the office building from the first floor to the second floor building (hereinafter “instant additional construction work”). Around July 2013, the Defendant paid additional construction cost therefrom.

From May 13, 2013 to December 13, 2013, the Plaintiff issued a tax invoice of KRW 610,500,000 in total for the instant construction and the instant additional construction costs. From May 31, 2013 to April 24, 2014, the Defendant paid KRW 362,885,298 in total to the Plaintiff as construction price.

On the other hand, the instant construction and the instant additional construction were completed on October 31, 2013.

E. On January 21, 2014, the Plaintiff requested the Defendant to “to prepare a written contract for the instant construction and the instant additional construction to report the performance of the construction works to the Specialized Construction Mutual Aid Association,” and the Defendant affixed a seal on the subcontract document (hereinafter “instant contract”) stating the total construction cost of KRW 610,50,000 ( KRW 374,00,000,000, Civil Works, KRW 121,000,000, and KRW 115,500,000). The instant contract was accompanied by each estimate for the instant construction works and the instant additional construction works prepared by the Plaintiff, and a detailed statement for the instant additional construction works.

F. The Plaintiff and the Defendant are the instant contract around January 21, 2014.