(영문) 수원지방법원 2015.06.11 2014나40425

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(영문) 수원지방법원 2015.06.11 2014나40425

물품대금

Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the amount ordered to be paid below shall be cancelled.

Reasons

1. In full view of the purport of the entire pleadings as to the statements in the Evidence Nos. 3 and 4, the Plaintiff entered into a contract with the Defendant for remodeling construction work (hereinafter “instant apartment construction work”) with the cost of construction KRW 30,600,000 (excluding value-added tax 10%), and the Plaintiff entered into the contract from March 17, 2014 to the same year.

3. Although the construction of the instant case was completed by 30.30, the fact that only KRW 9,000,000 out of the construction price was received by the Defendant can be recognized respectively.

2. Judgment on the parties' arguments

A. The gist of the claim by the parties is that the Plaintiff received 30,66 million won for the instant construction project from the Defendant (excluding value-added tax of 10,000,000). As such, the Plaintiff claimed that the unpaid construction cost is KRW 24,660,000. Accordingly, the Defendant asserted that the Plaintiff agreed to deduct value-added tax from the construction cost after the instant contract was concluded, and that the unpaid construction cost was set at KRW 20,000. 2) Therefore, in full view of the purport of the argument as stated in the evidence No. 1-2, the Plaintiff’s argument that the Plaintiff completed the instant construction project, based on a comprehensive statement as stated in the evidence No. 1-2, was recognized on April 2, 2014, that the Plaintiff sent a text message to the Defendant to deposit the construction cost of KRW 20,000,000,000 for the remainder of the unpaid construction cost between the Plaintiff and the Defendant.

I would like to say.

The plaintiff asserted that the defendant agreed to pay the amount after deducting value-added tax only on the condition that the defendant pays the remainder of the construction work at the time of such a condition, but there is no evidence to prove that the agreement was reached.

Therefore, the amount of the construction cost that the defendant paid to the plaintiff is KRW 20 million.

B. The judgment of the Defendant on the claim for the payment of construction cost is conducted during the instant construction project.

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