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(영문) 서울중앙지방법원 2016.11.24 2014가단117036
공사대금
Text

1. Defendant A’s KRW 12,729,01 and its amount per annum from December 25, 2012 to November 24, 2016 to the Plaintiff.

Reasons

1. Basic facts

A. In implementing the new construction of the 4th underground floor and 15th ground D building in Gangnam-gu Seoul (hereinafter “instant building”), Defendant A prepared a contract with the Plaintiff on June 26, 2012, which calculated the initial value-added tax of KRW 463,325,00 (including value-added tax) as 10% of the construction cost, and calculated the initial value-added tax of KRW 474,100,000 for the construction cost (431,000,000 for the supply price of KRW 43,10,000 for the value-added tax of KRW 43,100,000 for the supply price (431,00,000 x 10%) by reflecting the fact that urban residential housing (25%) among the instant building is exempt from tax, it appears that Defendant A again prepared a contract with the Plaintiff on the construction cost of KRW 463,25,00 for the construction cost of the instant building (25%).

From June 26, 2012 to October 15, 2012, the construction period was determined and contracted.

B. The initial construction of the instant building was completely executed by Scco Co., Ltd. under a contract, and the construction contract was terminated on June 2012. Accordingly, the Defendant A selected a specialized construction company by type of each type of work and continued construction work. In the process, the Plaintiff entered into the said construction contract with the Plaintiff.

C. After that, around August 20, 2012, Defendant A contracted the entire new construction works of the instant building at KRW 1,806,00,000 to the Dongyang Construction Industry Co., Ltd. (the trade name before the change: A.S. Comprehensive Construction Co., Ltd.; hereinafter “Dongyang Construction Industry”). On the other hand, around September 1, 2012, Defendant A decided to separately change the contract of the instant construction works with the Plaintiff.

Accordingly, on or after September 1, 2012, the Plaintiff entered into a contract with Defendant A to enter into a new contract with the term from June 25, 2012 to October 15, 2012, setting the construction cost of KRW 161,250,000 (including value-added tax) for part of the main works of this case, and the construction period from June 26, 2012 to October 26, 2012, and to the same day as well as the remainder of the main works of this case.

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