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(영문) 광주지방법원 2014.02.20 2012가단14123
공사대금
Text

1. Defendant B Co., Ltd.: 56,779,634 won and its related amount are 6% per annum from January 10, 2014 to February 20, 2014.

Reasons

1. Basic facts

A. On July 201, the Plaintiff was awarded a contract from Defendant B Co., Ltd. for the electrical construction on the new construction site of “DD D D D D D D D D D D D D D” on the ground of the Jeon-nam C, with the cost of KRW 170,00,000 (excluding value-added tax) and continued construction from around July 25, 2011.

B. On October 21, 201, the Plaintiff and Defendant B asserted that the progress payment shall not be paid at the time, and the Plaintiff suspended construction on or around October 21, 201, and Defendant B concluded a construction contract with the Intervenor joining the Defendant, thereby continuing the progress of the subsequent process.

At present, the above construction was completed in full.

C. On the other hand, the Plaintiff received KRW 30,000,000 from Defendant Company B as the payment for the construction work, and issued a tax invoice for KRW 30,000,000 for the construction work paid around December 9, 201.

At that time, the Plaintiff issued in advance a tax invoice of KRW 136,363,636, value-added tax of KRW 13,636,364, total amount of KRW 150,000,000 at Defendant B’s request, which is necessary for a bank loan.

The Plaintiff paid all the value-added tax on the tax invoice to the tax authority.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, purport of the whole pleadings

2. As to the claim against Defendant B

A. According to the above facts of recognition as to the claim for the payment of the construction cost, since the construction contract between the plaintiff and the defendant corporation was rescinded, the defendant corporation B is obligated to pay the construction cost corresponding to its flag cost to the plaintiff.

Furthermore, according to the results of the appraiser E’s appraisal of his or her advanced height, it can be acknowledged that the period of the Plaintiff’s discontinuance of construction works is 44.79%.

Therefore, Defendant B Co., Ltd. (i) 76,143,000 won (i.e., KRW 170,000,000 x 44.79%) excluding the amount of KRW 33,00,000 which was already paid to the Plaintiff (i.e., KRW 76,143,000 (= KRW 33,000,000) and its amount.

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