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(영문) 부산지방법원 2018.01.18 2016가단345888
공사대금
Text

1. The Defendant: (a) KRW 82,00,000 for the Plaintiff and 5% per annum from January 1, 2016 to January 18, 2018; and (b) the Plaintiff.

Reasons

1. Facts of recognition;

(1) On February 21, 2015, C entered into a contract with F Co., Ltd. (hereinafter “F”) for construction work of building E on the 12th floor size of the 12th floor size on the land, Jung-gu, Busan (hereinafter “instant new construction work”). From March 9, 2015 to February 9, 2016, C entered into a contract with F Co., Ltd. (hereinafter “F”).

B. She. However, the Defendant succeeded to the contractor status of the said new construction work from F and carried out the said new construction work. The Defendant did not hold a comprehensive construction business license, and the construction contract was concluded between G Co., Ltd. (hereinafter “G”) holding a comprehensive construction business license on November 4, 2015 and the Defendant’s joint contractor for the instant new construction work, the Plaintiff’s contractor for the instant new construction work, the contractor for the instant new construction work, the contract price for the construction work, and the contract amount for the construction work from November 4, 2015 to May 31, 2016.

Secondly, around September 2015, the Plaintiff received a subcontract for the electrical construction of the instant new construction (hereinafter “instant electrical construction”) from the Defendant on KRW 154,00,000 (including value-added tax) and completed it on December 2015.

x. On September 4, 2015, the Defendant paid the Plaintiff KRW 22,00,000 as the instant electrical construction price, and on September 11, 2015, the Plaintiff issued a tax invoice for KRW 22,00,000 to the Defendant, and filed a value-added tax return with the competent tax office.

(v) on February 20, 2015, the Plaintiff entered into a subcontract agreement with the terms and conditions that the Plaintiff receive subcontracting, setting the construction period of KRW 132,00,000 (including value-added tax) from G, and from December 20, 2015 to May 31, 2016.

On December 29, 2015, the Plaintiff received construction cost of KRW 50,000,000 from the deposit account in the name of G.

[Ground of recognition] Evidence Nos. 1 through 6, Eul Evidence Nos. 4, Eul Evidence No. 5, witness H's testimony, the purport of the whole pleadings

2. Judgment on the ground of the Plaintiff’s claim

A. The plaintiff asserted one of the parties' confirmed claims, G has a comprehensive construction business license.

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