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1. The Defendant’s KRW 112,282,496 for the Plaintiff and KRW 6% per annum from July 25, 2013 to October 24, 2018.
Reasons
Basic Facts
The plaintiff is a company that operates the construction business, etc., and the defendant is the director of the C Hospital in Busan Suwon-gu B.
On November 13, 2012, the Defendant concluded a contract (hereinafter “instant contract”) with the Plaintiff to remove the back portion of the C Hospital building, which is the first and third floor above the ground, and connect the first and third floor above the ground (third floor) to the existing building by newly constructing the building (hereinafter “instant building extension construction”, and the extended part of the building is referred to as “instant building”).
The main contents of the instant contract are as follows.
[After the conclusion of a contract, the Plaintiff and the Defendant agreed to pay 10% after the completion of the construction work on the completed portion and 30% after the completion of the construction (construction).
3. Period of construction: Value-added tax of 830,000,000 won, for the supply price of 913,000,000 won: November 13, 2012, and completed February 28, 2013: 83,00,000 won.
6. Timing and methods of payment of completed portion: 10% of the down payment and 20% of the total amount after 30% of the construction work after the completion of 30% construction work (construction work) after 10% of the total amount of earth and sand construction and the basic relocation.
9. The rate of liquidated damages: 0.01% of the contract amount. On the other hand, the Plaintiff and the Defendant concluded a side agreement under which the contract amount is KRW 1,320,000,000 (the supply price of KRW 1,200,000,000, value added tax of KRW 120,000,000) with respect to the instant construction work (hereinafter “the instant side agreement”).
According to the instant side agreement, the Defendant pays the contract price under the said side agreement to the Plaintiff, and the Plaintiff bears the payment for completed portion to be actually received pursuant to the instant contract, the amount of value-added tax on the tax invoice issued by the Plaintiff pursuant to the said side agreement, and the amount of value-added tax on the tax invoice issued by the Plaintiff according to the said contract if the Plaintiff was a corporation fee, which exceeds the actual supply