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(영문) 광주지방법원 2015.08.18 2014가단43828
양수금
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. The plaintiffs' assertion

A. On November 21, 2012, the Defendants concluded a contract with the Ship Industry Co., Ltd. (hereinafter “Ship Industry”) by setting the construction cost of KRW 330,00,000 for the construction work of the Gwangju Mine-gu D ground building extension work (hereinafter “instant construction work”), which is its own ownership, as between December 1, 201 and April 30, 2013.

B. Although the prior art industry completed the instant construction work, the Defendants paid only KRW 250,000,000 out of the said construction cost.

C. On October 14, 2013, Plaintiff Ildo Engineering Co., Ltd. (hereinafter “Plaintiff”) acquired KRW 39,000,000, out of the balance of the construction price of the Plaintiff’s prior art against the Defendants from the Prior Art. 14, 2013, and around that time, the prior Art. 1 notified the Defendants of the transfer of the claim.

Plaintiff

A on October 14, 2013, from the prior art, acquired 41,000,000 won out of the balance of the construction price of the prior art against the Defendants from the prior art, and around that time, the prior art notified the Defendants of the fact of transferring its assignment.

E. Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff Company KRW 39,00,000, and KRW 41,000,000 to the Plaintiff Company and the delay damages therefor.

2. First of all, we examine whether the prior art has a claim against the Defendants in the balance of the construction price.

The Plaintiffs asserts that the construction cost of the instant construction is KRW 330,000,000 (including value-added tax) and that the prior art has completed all of the instant construction work.

As to this, the Defendants were originally 220,000,000 won (including value-added tax) for the construction work of this case, and thereafter the additional construction cost is 24,000,000 won (including value-added tax) for the purpose of tax treatment related to the construction work directly executed by the Defendants. In addition, in order to impose value-added tax of 30,000,000 won on the Defendants around March 2013, the construction cost is 330,000,000 won (including value-added tax of 30,000,000) between the prior industry and prior industry.

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