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Reasons
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(영문) 인천지방법원 2020.05.20 2019가단225292
공사대금
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1. The Defendant’s KRW 146,30,000 and the Plaintiff’s annual rate of KRW 6% from April 6, 2019 to May 20, 2020, and the following.

Reasons

1. Facts of recognition;

A. The Defendant is a contractor who was awarded a contract for the construction work of a new site E-factory in Nam-gu Incheon Metropolitan City (hereinafter “instant construction work”) from C (hereinafter “C”) on September 28, 2017 for construction cost of KRW 7,257,800,000.

B. On February 23, 2018, the Plaintiff entered into a subcontract with the Defendant (hereinafter “instant subcontract”) with the content that the Plaintiff would accept a subcontract for the construction of HVAC &UCITR ITY’s mechanical facilities from the Defendant to KRW 720,00,000 (value added tax separate) for the subcontract price for the instant construction works (hereinafter “instant subcontract”).

According to the terms and conditions of the instant subcontract agreement, the instant subcontract was concluded by the construction method of total liability, and the volume change (design change) of the specifications was settled on the basis of the content of the design change of the original contractor.

C. On July 24, 2018, the Plaintiff sent an additional construction statement to F employees F of the Defendant that added a total of KRW 203,036,949 (excluding value-added tax) due to the modification of design.

On September 4, 2018, the Plaintiff issued a tax invoice of KRW 148,280,000 (i.e., supply price of KRW 134,80,000) (i.e., supply price of KRW 13,480,00) (hereinafter referred to as “instant tax invoice”). On September 11, 2018, the Plaintiff demanded the Defendant to send a written agreement on the settlement of subcontract amount of KRW 720,000 to KRW 854,80,000 (i.e., KRW 720,00,000,000, KRW 134,80,000,000, value-added tax) to the Defendant on September 4, 2018.

On January 2019, the Plaintiff prepared an additional statement of construction work settlement (hereinafter “instant statement”) to the effect that the additional construction work cost under the instant subcontract is reduced to KRW 203,00,000 or KRW 70,000,000, and that the additional construction cost is changed to the recognition of C and the Defendant (hereinafter “instant statement”), and the Defendant’s employees.

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