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(영문) 수원지방법원 2017.01.12 2015가단146602
공사대금
Text

1. The Defendant’s KRW 32,23,271 as well as the Plaintiff’s annual rate from September 19, 2015 to January 12, 2017, and the following.

Reasons

Basic Facts

The plaintiff is a person who engages in construction business, etc. under the trade name of "C".

On August 7, 2014, the Plaintiff received a contract from the Defendant for the new construction of the instant construction of the detached Housing on the ground (hereinafter referred to as “instant construction”) for KRW 140,000,000 (the remaining amount shall be paid two weeks after the completion of registration).

The Plaintiff commenced around September 6, 2014 and obtained approval for use on September 1, 2015.

On September 4, 2015, the defendant completed the registration of initial ownership relating to the above detached house.

[Ground] In light of the facts without dispute, Gap evidence 1-1, Gap evidence 1-2, Gap evidence 3-4, Eul evidence 9-2, Gap evidence 9-2, and the whole purport of the arguments and arguments, the defendant agreed to pay the plaintiff a value-added tax of KRW 14 million on the contract amount at the time of the construction contract of this case, and bear KRW 3.5 million on the ground that the defendant added KRW 6 million on the construction cost to the plaintiff as a high-class flag and construction cost, according to the defendant's request, it can be acknowledged that the plaintiff paid KRW 1.4 million on the contract amount at the time of the construction contract of this case.

Therefore, the construction cost to be paid by the Defendant to the Plaintiff is a total of KRW 160,100,000 (i.e., contract amount of KRW 140,000,000 value-added tax of KRW 14,000,000,000 for construction cost of KRW 2,50,000 for high-class landscape construction cost of KRW 3,50,000

There is no dispute between the parties that the Plaintiff received KRW 97950,00 from the Defendant’s payment of the instant construction cost.

The Plaintiff is the amount of penalty for delay deducted from the penalty for delay to the instant construction project (i.e., KRW 140,610,000 under the construction contract with the exception of the value-added tax) x 12 percent per annum of the penalty for delay x 83 June 11, 2015 x 365 days from June 11, 2015, and below won).

Unless there are special circumstances in the theory of lawsuit, the defendant shall be the plaintiff.

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