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(영문) 대구지방법원 2017.11.03 2017나302538
공사대금
Text

1. Of the judgment of the court of first instance, Defendant B’s KRW 21,531,727 against the Plaintiff and its related amount from April 1, 2015.

Reasons

1. Basic facts

A. Defendant C Co., Ltd. (hereinafter “Defendant C”) entered into a contract with Defendant B (hereinafter “Defendant B”) on the construction of the instant plant D ground (hereinafter “instant plant”) in Chungcheong-gun D (hereinafter “instant new construction”) with Defendant B.

B. 1) On October 14, 2014, the Plaintiff: (a) on October 14, 2014, to Defendant B, the steel frame construction among the new construction works of this case (hereinafter “the first construction works”).

(A) A written estimate (A. 12, hereinafter referred to as the “written estimate”) with respect to the following:

A) The submission was made. Around November 3, 2014, Defendant B entered into a contract (hereinafter “instant contract”) with the Plaintiff under which “The Plaintiff will subcontract the instant construction work to the Plaintiff for the first price of construction work (including value-added tax; hereinafter “the instant contract”) of KRW 400,400,000,000 (including value-added tax; hereinafter “the instant construction work”) between the Plaintiff and the Plaintiff (hereinafter “the instant contract”).

C. On November 5, 2014, an architect F, who designed the instant factory, sent the instant factory structure map (Evidence A No. 11-2) to the Plaintiff by e-mail, and the said structural map refers to the railing, such as a parapets balcony, roof, bridge, etc.

1) In addition to the instant construction work, the Plaintiff is additionally engaged in concrete work (hereinafter “instant concrete work”).

A) At its expense, 429,000 won (including value-added tax) was generated. 2) The Plaintiff issued each tax invoice of KRW 400,829,000 (including value-added tax) on December 30, 2014 with the Plaintiff as the supplier and the person being supplied with the Defendant B, including value-added tax), KRW 110,000,000 (including value-added tax) on January 5, 2015, and KRW 180,829,000 (including value-added tax) on January 31, 2015.

E. The plaintiff.

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