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1. Of the part concerning the counterclaim of a judgment of the court of first instance, the part ordering payment shall exceed the following:
Reasons
1. The following facts may be acknowledged as either a dispute between the parties or in full view of the purport of the entire pleadings in each entry in Gap evidence Nos. 1 and 2.
On December 24, 2012, the Plaintiff entered into a construction contract with the Defendant for the construction project (hereinafter the instant construction contract, and the instant construction project under the instant construction contract) with the content that the interior works of “E Council members” on the fourth floor of Overcheon-si (E) were contracted during the construction period from December 27, 2012 to February 20, 2013, and the construction cost of KRW 189,200,00 (value-added tax separate) (hereinafter referred to as “the instant interior works”). Around that time, the Plaintiff undertaken the instant construction project.
B. The Defendant paid the Plaintiff KRW 179,200,000 out of the construction cost of the instant case.
2. Determination on the main claim
A. The Plaintiff’s assertion that the Plaintiff carried out an additional construction project together with the instant construction project, and the Defendant is obliged to pay the Plaintiff the unpaid construction cost of KRW 10,00,00,00, and the additional construction cost of KRW 114,436,00, and value-added tax on the construction cost of the instant case and the additional construction cost of KRW 30,363,60, and damages for delay.
B. According to the above facts, the Defendant is obligated to pay the Plaintiff the unpaid construction cost of KRW 10,00,000 ( KRW 189,200,000 - KRW 179,200,000) and the value-added tax of KRW 18,920,00 ( KRW 189,200,000 x 10%) agreed to separately pay the construction cost of this case among the construction cost of this case. As to this, the Defendant did not issue a tax invoice to the Defendant, and the Defendant did not incur losses equivalent to the input tax amount of KRW 10,00,00 on the ground that the Defendant did not dispose of the expenses, and thus, incurred losses corresponding thereto due to the failure to pay the expenses.