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(영문) 인천지방법원 2014.08.29 2013가합32235
공사대금
Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 83,008,639 to the Defendant (Counterclaim Plaintiff) and its amount from March 1, 2014 to August 29, 2014.

Reasons

Basic Facts

A. The Plaintiff is a person who runs a construction business under the trade name of “C”, and the Defendant is a corporation that runs a motor vehicle parts manufacturing business, metal processing business, etc., and is the owner of the D-ground factory building at Jinjin-si (hereinafter “instant building”).

B. On October 10, 2011, the Plaintiff entered into a contract with the Defendant to receive a contract for the instant construction of the building (hereinafter “instant construction contract”) from the Defendant (hereinafter “instant construction contract”). The main contents of the said contract are as follows.

O Contract price: 418,00,000 won (i.e., the supply price of KRW 380,000,000,000 for value-added tax of KRW 38,000 for value-added tax of KRW 38,000 for value-added tax): Date of completion on October 10, 201: 1/100 for delay delay on December 25, 201:

C. After that, the Plaintiff completed the instant construction, and the Defendant obtained approval for the use of the instant building on May 7, 2012.

[Reasons for Recognition] The judgment as to the claim for the main claim of the entire pleadings as a result of the absence of dispute, Gap evidence 1, Eul evidence 5-2, Eul evidence 1, 2, and 4, each fact inquiry into the actual market at this court and E office

A. The Plaintiff’s assertion 1) The Plaintiff and the Defendant agreed to reduce the supply value of KRW 280,000,000 upon changing the design content as stated in the instant construction contract, and the value-added tax was reduced to KRW 28,00,000. ② The Plaintiff, at the Defendant’s request, has the obligation to pay the Plaintiff the additional construction cost of KRW 22,880,000 as well as value-added tax of KRW 20,880,00 as the additional construction cost (i.e., value-added tax of KRW 20,80,000 as value-added tax of KRW 20,800,000 as value-added tax (i.e., value-added tax of KRW 20,800,000).

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