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(영문) 창원지방법원 2015.02.13 2013가단19390
공사대금
Text

1. The Defendant’s KRW 15,662,364 as well as the Plaintiff’s annual rate of KRW 5% from July 2, 2013 to February 13, 2015.

Reasons

1. Basic facts

A. On February 16, 2012, the Plaintiff entered into a contract with the Defendant for construction works with the content that the Defendant would receive a contract for telecommunication and fire fighting (including value-added tax) among D plant construction works within the Yangsan-si Industrial Complex (hereinafter “instant construction works”) from the Defendant to the construction cost of KRW 319,00,000 (including the instant construction works).

B. After completing the instant construction, the Plaintiff issued a tax invoice of KRW 319,000,000 to the Defendant as of November 1, 2012.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-1, the purport of the whole pleadings

2. Determination on the cause of the claim

A. (1) With regard to the amount of the construction cost, the Defendant directly purchased the materials equivalent to KRW 145,133,918 among the materials necessary for the instant construction work and supplied the said materials to the Plaintiff.

(B) Since then, the Defendant first purchased and supplied to the Plaintiff materials equivalent to KRW 32,703,623, in addition to the materials that the Defendant first intended to directly purchase.

(C) The amount of small amount of materials that the Defendant directly purchased and supplied to the Plaintiff was equivalent to KRW 6,356,650, which the Plaintiff directly purchased.

(D) In the construction process of the instant case, the Plaintiff added 13,589,900 won.

(2) On March 9, 2012, the Defendant remitted to the Plaintiff KRW 10,00,000, KRW 5,000,000 on April 13, 2012, KRW 10,000 on June 10, 2012, KRW 10,000 on July 10, 2012, KRW 13,420,000 on July 23, 2012, KRW 70,000 on August 17, 2012, KRW 53,000,00 on September 3, 2012, KRW 200, KRW 50,000 on September 3, 200, KRW 50,00 on September 24, 200, KRW 200 on May 20, 205, KRW 200 on May 29, 2005.

(B) Of the remitted money remitted by the Defendant, KRW 20,000,000 on April 13, 2012 and KRW 15,000,000 on September 25, 2012 and KRW 20,000,000 on September 25, 2012; and KRW 13,420,000 on July 23, 2012; KRW 40,000,000 on August 70, 200,00 and KRW 53,00,000 on September 3, 2012; and KRW 106,420,00 on September 20, 200 was the material price to E.

(C) E issued a tax invoice to the Plaintiff.

[Reasons for Recognition]

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