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(영문) 인천지방법원부천지원 2015.08.25 2014가단52591
공사대금
Text

The defendant shall pay to the plaintiff KRW 5,900,000 as well as 6% per annum from November 20, 2014 to August 25, 2015, and the next day.

Reasons

Facts of recognition

On June 19, 2012, the Plaintiff, who is engaged in building construction business, engineering work business, etc., supplied the supply price of KRW 320,000,000 and value-added tax KRW 32,00,000,000 from the Defendant Kimpo-si C ground factory and house construction work (hereinafter “instant construction work”).

In order to submit the instant construction to financial institutions on the same day, the original Defendant separately prepared a construction contract form with the supply value of KRW 405,000,000, value-added tax of KRW 40,500,000 (hereinafter “value-added tax”).

The Plaintiff commenced the instant construction work around June 19, 2012, and the same year.

6. 30. The construction contract between Nonparty D (mutual E) and the amount of the construction work of KRW 53,000,000,000, is the same year.

7.5. Electric Construction Contract in the amount of 15,000,000 won between F (mutual G), the same year

8. 10. H (mutual I) concluded a contract on the steel-frames Building Project of KRW 126,50,000 (including value-added tax) with H respectively.

The Defendant paid KRW 194,00,000 out of the instant construction price (excluding any money paid by the Defendant but returned by the Plaintiff) to the Plaintiff as indicated in attached Forms 1 through 4 during the period from June 20, 2012 to September 7, 2013, and directly paid KRW 107,50,000 to the Plaintiff, who entered into the construction contract with the Plaintiff, and paid KRW 30,000,000 to J Co., Ltd., which participated in the instant construction work, and paid KRW 23,10,000,00 as the floor construction price, and paid KRW 354,60,000,000 in total.

The Plaintiff completed the instant construction, and submitted the completion documents through the architect office, and completed the completion inspection.

[Ground] In light of the facts without dispute, Gap 1 to 12 evidence, Eul 1 to 9 evidence (including a branch number), and the facts of the above recognition as to the ground of claim as to the whole purport of the pleadings. According to the above recognition, the defendant shall pay the plaintiff the construction price of this case and the value-added tax of this case as total of 360,500,000 won 320,000 won.

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