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(영문) 광주고등법원 2016.05.13 2015나2262
공사대금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. On October 20, 2014, the Plaintiff received a subcontract from the Defendant for the interior works of the interior works of the first floor (value-added tax separately) and the construction period from July 2, 2014 to October. 2, 2014. On December 2, 2014, the Plaintiff received a subcontract for the interior works of the said remodeling works by determining the construction cost of KRW 190,000 (value-added tax separately) and the construction period of KRW 52,50,000 (value-added tax separately), and from August 2, 2014 to December.

In addition, on November 10, 2014, the Plaintiff entered into a contract for supplying goods with the content that the goods necessary for the said remodeling project are supplied, installed, and supplied by the apparatus, such as the supply of the goods necessary for the said remodeling project by determining the supply amount of KRW 25,00,000 (excluding value-added tax) to the Defendant.

B. On or before January 15, 2015, the Plaintiff supplied materials and completed construction in accordance with each of the above contracts, and the Defendant paid KRW 80,000,000 to the Plaintiff four times from December 27, 2014 to January 10, 2015.

C. On November 30, 2014, the Plaintiff issued electronic tax invoices of KRW 10,00,000, KRW 33,000,000 on December 4, 2014, KRW 176,00,000 on December 24, 2014, KRW 57,750,000 on December 24, 2014, and KRW 17,50,00 on KRW 17,50,00.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 6 (including additional number), the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the plaintiff entered into a contract for supplying goods with the defendant 294,250,000 won [=267,50,000 won + 52,500,000 won + 25,000 won + 25,000,000 won + 1.1] / [1.00 won + 25,000 won + 80,000,000 won for the remainder of the construction price after deducting the amount paid by the plaintiff from the total construction price (including additional construction) and performing all the terms of the contract. As such, the defendant entered into a contract for supplying goods with the defendant / [2,14,250,000 won for the remainder of the construction price after deducting the amount paid by the plaintiff from the total construction price (=294,250,000-80,000,000 won) and each contract is executed after the completion date of the contract.

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