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서울중앙지방법원 2017.09.19 2016가단5102934

1. Defendant Dool District Management Officer Co., Ltd.: KRW 37,060,003 and its amount from June 2, 2016 to September 19, 2017 to the Plaintiff.


1. Basic facts

A. The Plaintiff and Defendant Shee Construction Co., Ltd. (hereinafter “Defendant Shee Construction”) are a construction company for the purpose of civil engineering work, etc.

Defendant Dool District Management Corporation (hereinafter “Defendant Dool District Management Corporation”) is a special purpose corporation established for the purpose of design, maintenance, operation, and public-private partnership projects (BLT) related to the Army Doolsan History and Barracks.

B. On December 28, 2010, the Plaintiff and 8 construction companies, including South Young-gu Construction Co., Ltd. concluded a contract for construction of the Korea Army-Related Corporation and the 8 construction companies including the Plaintiff, with respect to the construction companies including the Plaintiff (hereinafter “instant construction companies”) with the total construction cost of KRW 54,019,251,30 (including value-added tax).

After that, due to the legal management of the Southern Construction, the senior executive officer was changed on July 18, 201 to the defendant Shee Construction.

C. The Plaintiff et al. completed the construction of each of the construction sections, and received a completion certificate regarding the instant construction works on December 6, 2012.

[Ground of recognition] Facts without dispute, entries in Gap's evidence 1 to 6 (including additional numbers), the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff completed the part of the Plaintiff’s completion of responsibility among the instant construction works, and the Defendant-based District Manager, the contractor, was not paid KRW 37,060,003, which corresponds to value-added tax among the construction costs.

As a manager of the instant construction project, Defendant Scare Construction is obligated to settle the cost draft and the progress payment in proportion to the investment made by the Plaintiff and other construction-invested partners. Accordingly, on March 12, 2013, Defendant Scare Construction issued an electronic tax invoice of KRW 163,640,637, tax amount of KRW 16,364,064 to the Plaintiff. After doing so, Defendant Scare Construction only paid for KRW 163,640,637, which is the value of supply from Defendant Scare Construction.