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1. The Defendant’s KRW 40,364,96 as well as the Plaintiff’s KRW 6% per annum from November 13, 2019 to June 24, 2020.
Reasons
1. Basic facts
A. On June 19, 2018, the Plaintiff and the Defendant entered into a construction contract with the Plaintiff on the condition that the Defendant would subcontract the part of the trademark panel construction project among the new construction works of Goung-gun D (hereinafter “instant pen”) to the Plaintiff at the contract price of KRW 96 million (excluding value-added tax). After that, the construction cost was 118,727,272, value-added tax (excluding value-added tax, value-added tax, value-added tax, value-added tax, 11,872,72,728), and the construction period was modified on July 31, 2018.
(hereinafter referred to as the "contract for the Construction of the trademark center of this case").
On August 31, 2018, the Plaintiff transferred part of KRW 61,898,504 (including value-added tax) out of the construction cost of the instant panel construction contract to be received from the Defendant to F, and the portion transferred to F was transferred to the said F by the owner of the building.
C. The instant pension was completed around November 20, 2018.
From July 1, 2018 to December 31, 2018, the Defendant issued sales tax invoices of KRW 444,000,000 (including value-added tax) in the name of the owner of the instant construction project related to the construction of the penture in this case.
The Defendant received 68,701,496 won (including value-added tax, value-added tax, 62,455,905, value-added tax, 6,245,591 won) remaining (excluding value-added tax, value-added tax, 62,455,905, value-added tax, 6,245,591 won) from the owner of the building of the instant pent.
E. The Defendant paid the Plaintiff KRW 10,250,000,000 to the construction cost of the instant panel construction contract, around June 2018, and around January 2019.
F. From February 2019 to March 2019, the Plaintiff issued a sales tax invoice to the Defendant after deducting the portion transferred to F from the construction cost of the instant panel, which was immediately revoked, and did not issue a sales tax invoice to the Defendant related to the construction cost of the instant panel.
G. On January 22, 2019, the Plaintiff prepared a letter of warranty for the performance of defects related to the instant panel construction project in the future of the owner of the instant pentthy project.