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(영문) 창원지방법원거창지원 2016.09.27 2016가단10822
공사대금
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff KRW 45,653,363 and the Defendant Limited Company A and C with respect thereto from July 19, 2016.

Reasons

1. Indication of claim;

A. On May 2014, the Plaintiff contracted the construction work inside the factory of the Defendant Company A (hereinafter “Defendant Company”) at the Namwon-si, Namwon-si, for KRW 43,700,000 of the construction cost, and completed the construction work around July 2014.

However, the Plaintiff received only KRW 37,200,000 among the construction cost, but did not receive the remaining construction cost of KRW 6,500,000.

B. On December 21, 2015, the Plaintiff concluded a contract with the Defendant Company for the construction of “the instant construction work” of the Defendant Company’s factory (hereinafter “instant construction”) for the construction cost of KRW 182,710,000 (including value-added tax) and for the construction period from December 21, 2015 to February 20, 2016.

However, the Plaintiff received only KRW 150,000,000 among the construction cost, but did not receive the remaining construction cost of KRW 32,710,000.

C. The Plaintiff, among the instant construction works, installed a shower 40 additional installation at the construction site upon the request of the Defendant Company, and the Defendant Company agreed to pay to the Plaintiff the additional construction cost of KRW 4,400,000 (including value added tax).

The Plaintiff, even though the construction cost of the instant construction is KRW 182,710,00,000, issued a false tax invoice stating the sum of the supply value and the tax amount at the request of the Defendant Company as KRW 200,000,000. Accordingly, the Plaintiff paid the value-added tax and the income tax equivalent to KRW 2,043,363. The Defendant Company agreed to pay the said additional charges to the Plaintiff.

E. Meanwhile, Defendant B and C are the Defendant Company’s status against the Plaintiff at the time of each of the above contracts.

(a)bed;

The Korean government agreed to provide joint and several guarantee for the obligation.

G. Therefore, the Defendants are jointly and severally liable to the Plaintiff for the additional construction costs of KRW 45,653,363 in relation to the instant construction work amount of KRW 32,710,000 in the construction cost of KRW 6,50,000 in the previous construction cost.

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