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(영문) 부산지방법원 2018.11.21 2018나44807
공사대금
Text

1. Revocation of the judgment of the first instance, and all of the plaintiff's claims are dismissed.

2. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On September 23, 2013, the Plaintiff and the Defendants engaged in the lodging business entered into a contract for the marinaing construction contract with the amount of KRW 350 million (excluding value-added tax), September 25, 2013, and March 18, 2014 for the completion date of the completion of the reclamation project (hereinafter “instant construction project”). B.

The Plaintiff returned KRW 100,000,000 to the Defendants on December 24, 2013 as the construction cost. The Plaintiff received KRW 200,000,000 from the Defendants on January 20, 2014 and returned KRW 170,000,000,000 to the Plaintiff, and returned KRW 12,000,000,000 to the Plaintiff on June 11, 2014, and returned KRW 12,20,000,000 as the Plaintiff was paid KRW 12,00,000,000 to the Plaintiff on the same day; while the Plaintiff received KRW 35,50,00,000 from the Defendants on November 6, 2013; and received KRW 15,000,000 from each of the Plaintiff on November 15, 201; and received KRW 38,00,000 (the Plaintiff’s total tax invoices).

2. The parties' assertion

A. The Plaintiff entered into a contract with the Defendants on additional construction separately from the instant construction project. On July 2014, the Plaintiff agreed to reduce the additional construction cost of KRW 30,00,00 on the condition that the Defendants immediately pay the additional construction cost of KRW 65,827,758, and agreed to reduce the additional construction cost of KRW 30,000 on the condition that the Defendants should pay the additional construction cost of KRW 30,000 (excluding value-added tax). However, the Defendants did not pay KRW 35,00,000 and value-added tax on the instant construction contract, so the Defendants are liable to pay the Plaintiff the total construction cost of KRW 65,00,000 and delay damages.

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