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1. The Defendant’s KRW 87,287,266 as well as 5% per annum from September 28, 2018 to October 29, 2019 to the Plaintiff.
Reasons
1. Facts of recognition;
A. On January 24, 2018, a limited liability company C (hereinafter referred to as “C”) set the agreed unit price as KRW 195,00,000 (excluding value-added tax) for the construction period among the new construction works of the apartment housing in the YE district (F building) in which the Defendant Company D (hereinafter referred to as “D”) ordered the construction of the Defendant.
B. On February 1, 2018, the Defendant subcontracted part of the foregoing construction work to the Plaintiff. At the time, the Plaintiff, at the time, supplied a written estimate to the Defendant as to the cost of construction per 15,000 square meter per 12,500 square meter per 12,509 square meter, and the equipment cost of KRW 38 million (i.e., KRW 6,58,000,000,000,000 for the cost of transporting equipment for the assembling and dismantling of plants) (i.e., KRW 6,58,00,000,000). In response, the Defendant also performed construction work by inserting equipment necessary for the construction of a ceiling and a wall from February 1, 2018 to March 31, 2018.
(hereinafter referred to as the “instant construction work”). C.
The Plaintiff completed the instant construction, and received a written confirmation from the Defendant’s on-site agent G on May 8, 2018, stating that “SCW construction and construction period: From February 1, 2018 to March 31, 2018, the work content: SCW construction (number: 10,682 square meters).”
원고는 2018. 4. 30. 장비대 3,800만 원을 포함하여 이 사건 공사대금으로 198,000,000원(부가가치세 포함)을 청구하는 세금계산서를 발급하였는데, 위 금액은 1㎡당 시공단가를 15,000원으로 하여, 작업수량을 피고의 현장대리인이 서명한 작업확인서상 수량인 10,682㎡를 기준으로 산정한 금액에다가 장비대 3,800만 원을 더하고, 유류대 18,147,940원을 공제한 후 단수를 정리하여 산정한 180,000,000원(≒ 15,000원 × 10,682㎡ 3,800만 원 - 18,147,940원)에 부가가치세 10%를 더한 금액이었다.
E. The Plaintiff, upon the Defendant’s request for the reduction of the cost of construction, issued a tax invoice dated April 30, 2018.