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(영문) 의정부지방법원 2016.02.16 2014나15508
공사대금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Summary of the parties' arguments

A. The Plaintiff concluded a contract with the Defendant for construction cost of KRW 46,00,000 (excluding value-added tax); and “B department store metal collection work and additional construction work (hereinafter “instant department store work”) of KRW 42,00,000 (excluding value-added tax)” of the Plaintiff’s total construction cost of KRW 71,00,000 (including value-added tax) and did not receive KRW 17,000,000,000 (excluding value-added tax).

Therefore, the defendant is liable to pay to the plaintiff the above KRW 17,00,000 (=46,000,000 +42,000,000-71,000,000) and damages for delay.

B. The Plaintiff and the Defendant set the construction cost of the instant Ariju Project as KRW 37,00,000 (excluding value-added tax) and separately set the construction cost of the instant B department store as KRW 34,000,000 (excluding value-added tax), and the Defendant paid the Plaintiff the total amount of KRW 71,000,000 (including value-added tax). Accordingly, there is no construction cost to be paid any more.

2. Determination

A. First, with respect to the construction cost of the instant Aritra Corporation, the following circumstances acknowledged by comprehensively considering the overall purport of pleadings as to the health care unit Gap evidence Nos. 1, Gap evidence Nos. 4 through 6, Gap evidence Nos. 9 through 11, and Eul evidence Nos. 2-2 are as follows: ① The tax invoice between the plaintiff and the defendant with respect to the said Corporation is the supply price of 5,00,000,000 won as of March 30, 2013; the tax invoice of 20,000,000 won as of April 12, 2013; the supply price of 12,00,000,000 won as of June 28, 2013; the supply price of 9,000,000 won as of July 9, 2013; the sum of supply values is 46,00,0000 won as of March 30, 200.

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