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(영문) 청주지방법원 2018.06.21 2015가단108994
공사대금
Text

1. The Defendant’s KRW 106,330,00 and the Plaintiff’s annual rate of KRW 5% from February 1, 2015 to June 21, 2018, and the following.

Reasons

1. Basic facts

A. On August 14, 2014, the Defendant entered into a contract for construction works with the Plaintiff and E as joint contractors for the new construction of Djin Factory (hereinafter “instant new construction works”) on the ground of Jincheon-gun, Jincheon-gun, Jincheon-gun (hereinafter “instant construction works”). As for the supply price of KRW 710,000,000 in supply value, value-added tax was 10%, the date of commencement, August 14, 2014, and the date of completion as of December 10, 2014 (hereinafter “instant contract for construction works”).

However, the actual contractor of the new construction of this case is the plaintiff, and E indicated as a joint contractor is the head of the site of the new construction of this case and was affixed and sealed on the contract for the construction of this case (Evidence No. 4, No. 1, No. 1, the same as evidence No. 4).

B. Meanwhile, separately from the Plaintiff, the Defendant prepared a construction contract agreement (as stated in evidence A3, evidence B 2-1) stating that the date of the contract shall be August 14, 2014; the date of commencement shall be August 18, 2014; the date of completion shall be December 31, 2014; and the date of completion shall be December 31, 2014, the construction contract shall be KRW 747 million (excluding value-added tax) with the Plaintiff; on September 17, 2014, the Defendant drafted a revised contract (as stated in evidence A5 and evidence B 3-1 of value-added tax) with the content that the said construction contract amount shall be KRW 51 billion (excluding value-added tax).

C. Around June 2015, the Defendant again drafted a written contract for construction works (Evidence 8, Evidence 10, and Evidence 10, respectively) on December 15, 2014 with the date of the contract between the Plaintiff and the Plaintiff as E as the contractor with respect to “other portion of the instant newly-built construction works” (excluding value-added tax), and on December 15, 2014, the date of commencement, and the date of completion on January 25, 2015.

Meanwhile, the Plaintiff completed the instant new construction project around January 7, 2015, and the Defendant paid the Plaintiff totaling KRW 752 million to the Plaintiff by February 2, 2015.

[Ground of recognition] Unsatisfy, Gap 3, 4, 5, 8

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