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(영문) 대구지방법원 2016.03.30 2015나17249
물품대금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. The parties' assertion

A. The Plaintiff’s assertion is a person who engages in wholesale business, etc. of construction materials, and the Defendant is a person engaged in a livestock shed manufacturing business, livestock shed installation and construction business, etc.

On March 2013, the Plaintiff entered into a subcontract for the electrical construction works of “C” with the Defendant and Yongcheon-si, and completed the said construction works (hereinafter “instant construction”). The construction cost incurred therefrom is KRW 148,712,200 (excluding value-added tax).

At the defendant's request, the plaintiff added ① electric light addition (the total number of 183 pages of the written estimate for the main construction of this case is added), ② Kudart Construction (the purchase of materials from E), ③ Tradart Construction (the purchase of materials from F), ④ Tradart Construction (the purchase of materials from F), ④ The additional construction of underwater wire twitter (hereinafter "the additional construction of this case"), and its price is KRW 27,807,200.

In addition, the Plaintiff asserts that the sum of the value-added tax paid KRW 2,00,000 is KRW 176,519,400 (i.e., KRW 148,712,200, KRW 27,807,200,000 and KRW 2,000,000 among the value-added tax related thereto, the Plaintiff sought payment of KRW 37,519,400 for unpaid construction cost after deducting KRW 141,00,000 paid from the Defendant (the Plaintiff asserted that the Plaintiff was paid KRW 152,60,000 for the original construction cost) from the Defendant and sought payment of KRW 14,80,000 for the remainder.

In addition, this case’s principal construction cost was agreed to be KRW 148,712,200, including pure goods price and personnel cost, less the paid-in-paid amount, and separately accrued KRW 27,807,200 among the instant additional construction cost and KRW 13,800,000 among the instant additional construction cost and KRW 13,800,000 among the instant additional construction cost, and subsequently, the allegation was modified as above.

B. The plaintiff presented the original construction of this case to the defendant's assertion of KRW 148,712,200, but eventually, the price shall be KRW 130,00,000 by reflecting the defendant's request.

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