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(영문) 광주지방법원목포지원 2020.07.14 2018가합11478
공사잔대금 청구의 소
Text

1. The Defendant: 15% per annum from April 13, 2019 to May 31, 2019, and June 1, 2019 to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is the owner who ordered a new construction work of tin construction business and panel construction business with the trade name “A” from Yepo-gun E, Jeonnam-gun with the trade name “F,” and the Defendant is the owner who ordered a new construction work of the I apartment on April 2016 (hereinafter “instant apartment”) with the size of the 12th floor above H ground.

B. On October 17, 2016, the Plaintiff issued a written estimate on the portion of the instant apartment construction among the instant apartment construction to the Defendant, as the introduction of the JJ, which is the head of the site of the instant apartment construction, and the written estimate is written in the written estimate as follows: “Won 344,050,240 won (Won 344,050 won)” and “value-added tax separate”.

C. On October 10, 2016, the Plaintiff and the Defendant signed a standard subcontract agreement for construction business type (hereinafter “instant contract agreement”) with the following content.

1. The name of the project owner: The name of the project owner: Gwangjin-gu multi-family apartment (I);

2. The name of subcontracted project: D;

3. Place of construction: One parcel, other than Yeongdeungpo-gun G;

4. Period of construction: The contract amount on October 31, 2016 after completion on November 30, 2016: The KRW KRW 320,000,000 (Won 320,000): Value-added tax on KRW 320,000 in daily gold (Won 320,000,000): Won (Won).

6. Payment of the price;

(a) An advance payment contract (Won 100,000,000) within 30 days after entering into an advance payment contract;

(b) Payment for completed portion (1) per month (1) no later than 30 days from the date of acceptance of the object (2)

D. On December 5, 2016, the Defendant submitted the instant contract form to the K Association and borrowed KRW 400,000,000 from the housing construction funds.

E. On December 7, 2016, the Defendant paid to the Plaintiff KRW 168,00,000,000 in total, and KRW 70,000,000 on January 25, 2017, and KRW 28,00,000 on February 24, 2017, and KRW 40,000 on March 22, 2017, and KRW 168,000,00 in total.

F. On April 3, 2017, April 4, 2017, April 5, 2017, April 5, 2017, April 7, 2017, and April 7, 2017, the Plaintiff issued a tax invoice to the Defendant for the total amount of KRW 33,00,000,000, and the total amount of supply and tax on April 10, 2017.

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