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(영문) 서울남부지방법원 2015.05.21 2014가단67076
공사대금
Text

1. The defendant (1) 2,430,00 won for the plaintiff A, (2) 5,900,000 won for the plaintiff B, (3) 13,250,000 won for the plaintiff C, and (4) for the plaintiff.

Reasons

1. According to the purport of evidence No. 2 and the entire pleadings as to Plaintiff A’s claim, the above Plaintiff (F) received a contract from the Defendant for the construction cost of KRW 12,430,000 from the Defendant around November 201, for the total amount of KRW 1,2430,00 (i.e., value-added tax amounting to KRW 1.1.3 million) and completed the above construction work on the 30th of the same month.

Meanwhile, according to the purport of evidence No. 10, No. 10, No. 1, and the entire pleadings, the Defendant paid the above Plaintiff KRW 10 million out of the construction cost on January 29, 2014.

Furthermore, the Defendant alleged to the effect that “the above Plaintiff renounced its claim for the portion of KRW 2,430,000,000, excluding KRW 10,000,000,000,” but it is difficult to acknowledge the fact of waiver of such claim with the Defendant’s assertion that only the said Plaintiff paid part of the construction cost under the condition that “if the said Plaintiff submitted additional supporting documents of the construction to the Defendant, the Defendant, upon which he additionally submitted them, recognized and paid the claim amount under the tax invoice to the said Plaintiff,” and that the said Plaintiff did not additionally submit evidentiary documents of the construction cost or demand additional payment

Therefore, the defendant is obligated to pay the above construction cost to the above plaintiff KRW 2,430,00.

2. According to the purport of No. 3 of the Plaintiff B’s claim and the entire pleadings, it can be acknowledged that the said Plaintiff (mutual name: H) received a contract from the Defendant for the “IDaDal Free Corporation” in total of KRW 20,90,000,000 (=the amount equivalent to KRW 19,000,000 value-added tax) around December 2013, and completed the said construction on the 31st of the same month.

Meanwhile, according to the purport of evidence No. 11, No. 11, No. 2, and all pleadings, the Defendant paid the above Plaintiff KRW 15 million out of the construction price on January 29, 2014.

Furthermore, the defendant is 5,90,000 won, less than 15 million won out of the above construction cost.

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