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(영문) 광주지방법원 2016.09.27 2015가단510912
공사비등 청구의 소
Text

1. The Defendant’s KRW 70,531,732 as well as its annual 6% from April 20, 2015 to September 27, 2016 to the Plaintiff.

Reasons

1. Basic facts

A. On May 15, 2014, the Plaintiff had 7th floor of the instant building on the ground between the Defendant and Jeonnam, 101, 4 units for the first floor, 701 units for each floor, 702 units for the seventh floor, and 701 units for the second floor to 6th floor, and 701 units for the second floor and 701 units for the seventh floor are urban residential housing, and the value-added tax is exempted as urban residential housing, and 101 units for the first floor and 702 units for the second floor are imposed as general housing.

The Plaintiff asserts that the total contract amount of value-added tax is KRW 1,815,00,00 on the ground that the contract amount is stated as KRW 1,680,58,000 (including value-added tax) as “1,650,000 (excluding value-added tax)” as “1,650,000,000 on the construction of new urban residential housing (hereinafter “instant construction”) with respect to the construction of new urban residential housing. However, according to the construction cost contract attached at the time (Evidence A-2), the contract amount of this case is specified as KRW 1,650,000 on the basis that the contract amount is specified as KRW 1,680,58,000 on the contract amount, including value-added tax, KRW 1,680,558,00 on the contract amount, and it is determined that the contract amount of this case is concluded as KRW 58,500,000 on the contract amount.

On December 31, 2014, a contract for construction works (hereinafter “instant contract”) was concluded on December 31, 2014. The details of the contract amount are as follows depending on whether value-added tax is exempted, and the remaining construction cost was paid within 40 days after completion.

The value of divided supply in value-added tax shall be KRW 165,165,165,516,500 won in total of KRW 165,650,650,000 in total of KRW 16,500 in total of KRW 16,516,500 in total of KRW 16,650,000 in total of KRW 140,558,000 in tax exemption of KRW 1,344,420,000 in value-added urban residential housing

B. On March 10, 2015, a certificate of approval for use was issued for the new building of this case, and on March 17, 2015, a registration of preservation of ownership was made in the future for the defendant.

C. The plaintiff is at the defendant's request during the process of performing the construction of the case.

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