beta
Text
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
Reasons
1. Basic facts
A. The Construction Co., Ltd., Ltd. (hereinafter referred to as the “Unregistered Comprehensive Construction,” and, in the case of a corporation, the first “stock company” was awarded a contract for the construction of the Marine Corps Incheon Military Barrackackackackacks, from the Kim Yong-gun Marine Corps Management Co., Ltd., and the Plaintiff was awarded a subcontract for the construction of the machinery and equipment of the B Barracks Facilities (hereinafter referred to as the “instant construction”) among the aforementioned construction on February 24, 201, for KRW 802,110,000.
Since then, the construction cost has increased to KRW 981,321,00 (=value of KRW 892,110,000).
B. On March 201, the Plaintiff entered into an agreement with the Defendant to pay the remainder of the construction cost to the Defendant, on the following grounds: (a) the Defendant and the Defendant undertake all the instant construction work; and (b) all the expenses incurred from the instant construction work shall be borne by the Defendant and paid to the Plaintiff by 4%; and (c) the Plaintiff paid all the expenses with the Plaintiff’s passbook
(hereinafter referred to as “instant agreement”). C.
The defendant completed the construction work around July 2012. D.
The Plaintiff received the construction cost of KRW 967,298,363 by receiving it from the Plaintiff’s corporate passbook or allowing the subcontractor to pay it directly to the subcontractor. KRW 830,225,646 out of the said money was paid to the subcontractor, and the Plaintiff keeps the difference in KRW 137,072,717.
【Ground of recognition】 The fact that there has been no dispute, Gap's entries in Gap's 1 through 4, 9, 12 through 17, and 25 (including virtual numbers; hereinafter the same shall apply) and the purport of the whole pleadings
2. The plaintiff's assertion ① value-added tax of KRW 23,628,050. ② New Gas Co., Ltd. of KRW 900,00,00 for each company, Co., Ltd. of KRW 54,114,61 won C, KRW 3,612,086 won D1,683,880 won.