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Reasons
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(영문) 의정부지방법원 2019.12.12 2018나206333
공사대금
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1. The plaintiff's appeal and the defendant's appeal are all dismissed.

2. The costs of appeal shall be borne by each party.

purport, purport, and.

Reasons

1. Facts of recognition;

A. On October 2014, the Plaintiff entered into a contract with the Defendant for the installation of a meat sales outlet (hereinafter “the first construction”) and completed the construction, and received KRW 100 million as the construction price from the Defendant.

B. On July 29, 2016, the Plaintiff stored land processing plant machinery installation works with the Defendant; 1. Emergency cooling rooms, freezing rooms, etc.;

2. Air conditioners, and air conditioners:

3. Construction of meat processing machinery and equipment (including value added construction) to KRW 130,000,000 for construction cost (hereinafter referred to as “second construction work”);

(C) The Defendant paid the Plaintiff KRW 19,950,000 as the construction cost in relation to the secondary construction work. [The fact that there is no dispute over the grounds for recognition, the entry of the evidence No. 3, the entry of the evidence No. 4, and the purport of the entire pleadings.]

2. The assertion;

A. The Plaintiff’s assertion 1) Although the Defendant agreed to pay KRW 113,68,187 to the Plaintiff as construction cost in relation to the primary construction work as stated in the evidence No. 2 of the Plaintiff, the Defendant did not pay KRW 13,68,187 to the Plaintiff the remainder of KRW 100 million. 2) The Defendant did not pay the Plaintiff KRW 22,050,000 out of the existing construction cost and KRW 11,531,000 in total of the additional construction cost completed around November 22, 2016 in relation to the secondary construction work.

3) Accordingly, the Plaintiff sought payment of the total amount of KRW 45,199,187 (i.e., KRW 13,68,187, KRW 31,531,000) to the Defendant. (ii) The Defendant’s assertion 1) merely agreed with the Plaintiff as KRW 100,000,000 for the first construction work, and there was no fact that the Defendant agreed to give KRW 113,68,187 to the Plaintiff.

In addition, the Defendant did not prepare the evidence No. 2, and at all, signed and sealed the evidence No. 2.

2) Since the Plaintiff was unable to issue tax invoices by mistake and deduct 10 million won in connection with the primary construction work, it must be deducted from the Defendant’s obligation to the Plaintiff. 3) The secondary construction work is the Defendant’s obligation.

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