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(영문) 인천지방법원부천지원 2015.12.09 2013가합6918
채권양수금
Text

1. Defendant (Counterclaim Plaintiff) A: (a) KRW 109,830,704 against the Plaintiff (Counterclaim Defendant) and its amount from August 29, 2013 to December 9, 2015.

Reasons

1. Facts of recognition;

A. The status of the party is a company aimed at the construction business (tin public business), etc. The defendant A, as an individual business entity, is a person who employs the parts after being awarded a contract for stone construction and performs stone construction business, and the defendant B is the defendant A's wife.

B. 1) D Reconstruction Association Co., Ltd. (hereinafter collectively referred to as “instant apartment”) in Gangseo-gu Seoul Metropolitan Government

1) The new construction corporation is called Modern Construction Co., Ltd. (hereinafter “Modern Construction”).

(2) On October 17, 2012, Hyundai Construction contracted to the Plaintiff for construction work and outside stone work (including 101 through 103 Dong, 107 through 110 Dong, 114 Dong, 115 Dong, and buildings attached thereto) among the new apartment construction work in the instant case (hereinafter “instant stone work, etc.”) with the construction cost of KRW 5,08,530,880 (including value-added tax) and the construction period from October 17, 2012 to December 31, 2013. On November 8, 2013, Hyundai Construction changed the said construction period between the Plaintiff and the Plaintiff from October 17, 2012 to June 30, 2014.

(3) On January 2013, the Plaintiff: (a) part of the instant stone construction works from Defendant A (mainly attached stone materials on the outer wall of the instant apartment construction section; or (b) made the entrance, slope, sprink, sprink, elevator sprink, etc. on the outside wall of the instant apartment construction section; and (c) the Plaintiff collectively referred to as “instant stone construction works.”

(A) A description of estimate containing the description of the specific type of construction and the type, standard, unit cost, etc. of stone materials required for the construction (Evidence No. 3; hereinafter referred to as “instant estimate”).

The value-added tax shall be levied on the amount calculated by multiplying the quantity of the relevant stone materials actually constructed by each construction work by the unit price for the relevant stone materials, which the Plaintiff supplied to the Defendant A with stone materials necessary for the instant stone construction on the basis of the statement of estimate between Defendant A and Defendant A at that time after being received and examined.

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