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1. The defendant received KRW 88,302,361 from the plaintiff, and then with respect to the real estate stated in the attached list to the plaintiff.
Reasons
1. Basic facts
A. On June 19, 2012, new East Asia Construction Co., Ltd. entered into a contract with the Defendant Company (hereinafter “Defendant Company”); the contract amount of KRW 1.43 billion (in addition, the additional tax is changed only on June 5, 2013; 1.544,220); the construction period from June 19, 2012 to October 19, 2013; the contract deposit amount of KRW 143 million; the warranty bond rate of KRW 30 million; the warranty bond rate of KRW 36 months; the warranty liability period of KRW 0.1% of the contract amount per one day after delay; and the contract amount of reinforced concrete construction (hereinafter “instant construction”).
B. On June 20, 2012, Defendant Company entered into a contract with the Plaintiff to subcontract the instant construction work to the Plaintiff (hereinafter “instant contract”).
The main contents thereof are as follows:
Construction period: From June 28, 2012 to October 19, 2013, the contract amount: 1170,000 won: 1.17 billion won (after that, due to an increase in the contract price as described in the above paragraph (a) above, the contract price was changed to 1.261.8 million won): Cash contract bond: 10% security deposit for real estate collateral - contract price for defect warranty: 3%: 5 years;
C. Since the Plaintiff, an unregistered business entity, could not issue a tax invoice, in the event that the Plaintiff purchases materials or trades services while entering into the instant contract, the Defendant Company agreed to issue a tax invoice to the business entity, pay the amount directly, and deducts the relevant expenses from the construction cost.
After calculating the construction cost according to the base of each month, the Defendant Company paid the Plaintiff labor cost, etc. for which no value-added tax occurs, and paid the materials cost, equipment cost, etc. for which the tax invoice was issued to the Plaintiff.
The Plaintiff, on July 3, 2012, with respect to the real estate indicated in the separate sheet with the Defendant Company (hereinafter “instant real estate”), the creditor and the mortgagee, both the debtor and the mortgagee, shall be KRW 117 million with respect to the Plaintiff and the maximum debt amount.