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(영문) 울산지방법원 2016.08.17 2015가합20823
공사대금
Text

1. The Defendant (Counterclaim Plaintiff) shall pay to the Plaintiff (Counterclaim Defendant) KRW 23 million with full payment from June 2, 2016.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

The basic fact is that the plaintiff is a business operator who operates the automobile painting facility business in the trade name of C, and the defendant is a business operator who operates metal surface disposal business in the trade name of D.

The Defendant awarded a contract to the Plaintiff for replacement and installation work, etc. (hereinafter “instant construction work”) of his two factories (E and F) from December 2, 2012 to January 2013, 2013.

【Evidence Nos. 4-1, 2, 1, 2-2, and 1-2 of the evidence Nos. 1-1, 2, 4-2, and 1-2 of the evidence Nos. 1-1, 1-1, 2, and 1-2 of the whole pleadings, and the Plaintiff’s assertion on the claim for the purport of the entire arguments was completed by the Defendant, and thus, the Defendant is obliged to pay the Plaintiff value-added tax of KRW 23 million, which is to be paid separately in addition to the prepaid construction cost.

The instant construction cost and construction completion; ① the Defendant awarded a contract to the Plaintiff for the instant construction cost of KRW 324 million; ② the Defendant paid an additional KRW 28 million to the Plaintiff with the payment of KRW 17 million to the instant construction cost, but revoked the deposit on July 26, 2013; ② the Defendant, on July 30, 2013, agreed to reduce the construction cost of the instant case to KRW 238,000,000,000 to the Plaintiff with KRW 18,000,000,000 and KRW 22,00,000,000,000,000 to the Plaintiff; ③ the Plaintiff and the Defendant demanded the Plaintiff to terminate the additional construction cost of KRW 28,000,000,000,000,000,000,000,0000,000,0000,000,000,000,00.

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