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(영문) 수원지방법원 2017.06.22 2016나19906
공사대금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

The purport of this paragraph shall be stated.

Reasons

1. Basic facts

A. On June 7, 2010, the Defendant: (a) determined the construction period from June 10, 2010 to October 31, 2010; and (b) subcontracted the Plaintiff the construction price of KRW 814,00,000 (including value-added tax) among the “Cconium Construction Works” (hereinafter “B”) contracted by Nonparty Company B (hereinafter “B”); and (c) subcontracted the instant G.T.B construction contract to the Plaintiff.

B. On October 30, 2010, the Plaintiff and the Defendant concluded a modified contract with the purport that the construction period of the instant G.T.B. Construction Contract shall be extended until December 31, 2010, and the construction price shall be increased to KRW 1,193,50,000 (including value-added tax).

C. The construction cost of the instant G.T.B was fully paid by the Plaintiff in full, with KRW 132 million as of September 7, 2010, KRW 396 million as of November 1, 201, KRW 300 million as of November 30, 201, KRW 286 million as of November 30, 201, KRW 150 million as of January 14, 201, KRW 50 million as of January 31, 201, KRW 19.5 million as of January 31, 201, and KRW 120 million as of February 28, 201.

The representative director of the defendant and the representative director of the B are in a father-child relationship, and since the defendant's contracted part and the part directly managed by B, the principal contractor, are mixed with the part directly managed by B, the plaintiff was also paid the construction cost directly to the plaintiff.

C. 65,307,00 won out of the amount of the above paragraph was paid directly by B to the Plaintiff.

E. In addition to the G.T.B construction in this case, the Plaintiff is also the additional construction in this case according to the Defendant’s instruction, such as landscaping planting of the C.C. club and legal protection works.

A) A tax invoice was issued each month, and the Defendant paid the amount according to the tax invoice to the Plaintiff. The specific details are as listed below. The payment on July 31, 2010, Defendant 22,820,282,002,002,002,002,002,002,000,000 on August 31, 2010, as of August 16, 2010, Defendant 17,545,000 on the date of payment of the total of the supply values of the transaction partners (costs) as of the date of issuing the invoice (costs) and the date of payment of the value of the value of the value of the value of the value of the transaction partners (costs). Defendant 15,95,595,00,00 on September 15, 200, 200; Defendant 6.09, Oct. 6, 900, 2000

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