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(영문) 서울동부지방법원 2019.07.17 2018나30155
손해배상(기)
Text

1. Of the judgment of the first instance, the part against the Plaintiff (Counterclaim Defendant) corresponding to the following amount ordered to be paid.

Reasons

1. The reasoning of the court's explanation concerning this case is as stated in the reasoning of the judgment of the first instance except for the following '2.', and thus, it is acceptable to accept this as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The following shall be added to the seventh three pages of the judgment of the court of first instance.

“(3) The Plaintiff and the Defendant agreed to pay the value-added tax equivalent to value-added tax to the Defendant at the time of entering into the instant construction contract, as set out in the above facts of recognition. The Defendant’s payment of the construction cost to the Plaintiff is KRW 90 million in total (=75 million in total) paid by the Defendant to the Plaintiff.3.

(2) The Defendant is 15 million won recognized under paragraph (1). Therefore, the Defendant must pay to the Plaintiff the value-added tax amounting to KRW 9 million ( KRW 90 million x value-added tax rate 0.1). The Defendant’s determination of whether to recognize consolation money due to obstruction of construction works “(3)” as “(4) recognition of consolation money due to obstruction of construction works.” The following is added following the 8th six acts of the first instance judgment. Therefore, the Defendant is 24 million won in total and value-added tax amounting to KRW 15 million in construction work, KRW 9 million in value-added tax, and KRW 15 million in value-added tax, which is cited in the first instance judgment, from the day following the date of conclusion of the instant additional agreement to the date of 30 million in value-added tax payment, the Defendant’s determination of KRW 15 million in value-added tax amount to KRW 15 million in value-added tax amount to KRW 5 million in value-added tax amount to KRW 1.7 million in value-added of the Defendant’s 16.81.

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