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(영문) 광주지방법원 2015.02.06 2014나3579
공사대금
Text

1. The plaintiff's appeal against the defendant A and the appeal against the defendant B are all dismissed.

2. The plaintiff and the defendant A.

Reasons

1. Around July 2011, the Plaintiff entered into a subcontract with Defendant B Co., Ltd. (hereinafter “Defendant Company”) for the part of the electrical construction (hereinafter “instant construction”) among the new construction of a set of D compound located in the Nam-gun C (hereinafter “instant construction”) at KRW 170,00,000 (excluding value-added tax) and continued construction from July 25, 201.

On October 21, 2011, the Plaintiff disputed with the Defendant Company as a matter of no time payment for the progress payment. Around May 201, the Defendant Company suspended the instant construction. Around May 2012, the Defendant Company had Seo-gun Co., Ltd., Co., Ltd., an intervenor assisting the Defendant to proceed with the follow-up process, and the present construction is completed.

On the other hand, the Plaintiff received KRW 33,00,000 from the Defendant Company as the price for the construction work, and issued a tax invoice on KRW 33,000,000 for the said construction work (=value of KRW 30,000,000 for value of value of KRW 30,000 for value of supply) around September 9, 201.

After all, the Plaintiff issued a tax invoice of KRW 150,00,000 in advance at the request of Defendant B, which is necessary for a bank loan around December 9, 201, and all value-added tax on each of the said tax invoices, was paid to the tax authorities.

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

2. Determination as to the plaintiff's claim against the defendant company

A. With respect to a construction contract for a construction project on the ground of a claim for the payment of the completed construction cost, even if the contract has been rescinded and the completed part has yet to be completed, if the construction has been considerably advanced and the restoration to original state has resulted in significant social and economic losses, and the completed part has become a benefit to the contractor, the contractor shall deliver the subject matter to the contractor, as it is invalidated only for the completed part, and the contractor shall take into account the height of the subject matter.

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