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(영문) 창원지방법원 2019.04.25 2017가단12359
공사대금
Text

1. Defendant C shall pay 36,750,000 won to the Plaintiff and 15% per annum from January 27, 2018 to the date of full payment.

Reasons

1. Basic facts

A. Around June 19, 2015, the Plaintiff entered into a contract for construction works with Defendant C on the following terms and conditions:

(hereinafter referred to as the “instant construction contract”. Construction work details: From December 15, 2015, the total construction period and construction period of the steel-frames construction among the construction works on the 6 bonds of detached houses (4 bonds of the first floor structure, 2 bonds of the second floor structure): From December 15, 2015 (limited to the commencement date and the completion date of construction is not determined) on the land owned by Defendant B: 137,500 won (value-added tax, 30% on the contract date, 50% on the completion date of the beam beam installation, 20% on the remainder within one month).

B. (1) On December 16, 2015, the Plaintiff issued a tax invoice of KRW 45,375,00 in total, including the supply price of KRW 41,250,00, value of KRW 400, value of KRW 400, value-added tax, KRW 4,125,000 in total, and KRW 105,875,000 in total, including value-added tax of KRW 96,250,00 in February 15, 2016, KRW 96,625,00 in value-added tax, KRW 9,625,00 in value-added tax, and KRW 27,50,000 in value-added tax on December 16, 205; and KRW 10,000 in value-added tax amount of KRW 40,00,00 in value-added tax on December 5, 2016.

C. The Plaintiff completed the construction stipulated in the instant construction contract (1). (2) The registration of ownership preservation was completed on November 29, 2016 for the six newly-built detached houses (i.e., one bond was completed on or around March 20, 2017, but its registration was delayed rather than because the construction was delayed), and there is no real estate in Defendant B’s future ownership.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 11, 12 (including branch numbers, if any; hereinafter the same shall apply) and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff completed all the construction works under the instant construction contract. As such, Defendant B is the nominal name holder, Defendant C is jointly and severally liable to pay the unpaid construction cost of KRW 36,750,000 (i.e., KRW 151,250,000 - KRW 114,50,000) and damages for delay.

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