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(영문) 광주지방법원 2016.06.22 2015가단12845
공사대금
Text

1. The Defendant’s KRW 40,629,837 and its KRW 4,929,837 among the Plaintiff and KRW 35,70,000 from February 21, 2013.

Reasons

1. A claim for the price of electrical construction;

A. On September 5, 2012, the Plaintiff was awarded a contract with the Defendant for electric, telecommunication, and fire fighting works among A’s new construction works.

The construction cost under the contract is 45,00,000,000 won, separate value-added tax, and the payment of progress payment was determined within 10 days from the date of receipt of the object.

(A) According to the evidence Nos. 1-1 and 1 of the Agreement, the construction cost of KRW 85,00,000 for the contract and value-added tax of KRW 8,50,000 for the contract, but there is no dispute over the actual construction cost of KRW 45,000 for the contract). The Plaintiff completed the construction work on February 10, 2013, and received KRW 38,000,000 for the construction cost.

[Ground of Recognition: Facts without dispute, evidence 1, evidence 1, evidence 11, evidence 1, evidence 1, testimony of witness B, purport of whole pleadings]

B. Deduction for Unconstruction Corporation: According to evidence Nos. 5,972,875 won A, evidence No. 8, evidence Nos. 4, 11 through 14, and witness B’s testimony, it is recognized that the Plaintiff included CCTV installation, broadcasting installation, and personal phone installation among the communications corporations that the Plaintiff contracted, but did not perform this part of the construction.

According to a quotation (Evidence A. 8, B. 4), among the total estimate of KRW 49,107,00,000, the estimate of the construction work of the above non-construction is KRW 6,518,000, and the part of the construction work of the contract amount of KRW 45,000,000, which is the part of the non-construction work of the non-construction work of KRW 5,972,875 (=45,00,000) 】 6,518,000 ± 49,107,000).

(c) Value-added tax: value-added tax on KRW 39,027,125 (=45,000,000 - 5,972,875) for construction cost derived from the portion of non-construction pursuant to a separate agreement of value-added tax of KRW 3,902,712 is KRW 3,902,712.

The plaintiff asserts that the additional construction cost of KRW 3,500,000 is 3,500.

Witness

According to B's testimony, it is recognized that part of the new construction work was done by re-construction of the second floor of the civil petition system.

However, the evidence of the plaintiff's submission alone does not specify the construction cost required for the additional work and there is no other evidence to acknowledge it.

Witness

B’s testimony.

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