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Reasons
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(영문) 광주지방법원 2017.12.13 2017가단518750
공사대금
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1. The Defendant: (a) KRW 24,530,000 for the Plaintiff and KRW 5% per annum from October 25, 2017 to December 13, 2017; and (b).

Reasons

1. Facts of recognition;

A. The Defendant is a company running electrical construction business in Gwangju Mine-gu, and the Plaintiff has produced and supplied heat tanks, etc. at the Defendant’s request from September 2015.

B. As of the end of 2015, the construction cost that the Plaintiff was not paid by the Defendant is KRW 11,500,000.

C. In 2016, the Plaintiff, at the Defendant’s request, carried out construction work worth KRW 64,430,000 in total as follows.

1) Five tanks (number 20), tank 5, complementary tank 5, 100,000 won (one ton) tank 3,400,000 won (2), tank 2,400,000 won (80x80x600, 380) tank 3,000 won (6 tons) tank 3,50,000,000 won (10 tons) tank 3,50,000,000 won (10 tons) tank 7,200,000 won (7,200,000 won) tank 3,20,000,000 won) tank 3,50,000,000 won (1,000 tons, 6), and 7,200,000 won (7,200,000 won),

D. The Plaintiff’s KRW 5,00,000,000 from the Defendant on January 29, 2016, and the same year

6. 13. Gold 10,000,000 won, and the same year;

8. 19. Gold 12,500,000 won, gold 5,000,000 won on October 25, 25 of the same year, and gold 6,000,000 won on November 10 of the same year, were paid 38,50,000 won.

E. On December 13, 2016, the Plaintiff issued a tax invoice of KRW 24,530,000 (hereinafter “instant tax invoice”) to the Defendant on December 13, 2016, with respect to the construction price that was not paid out of the said construction price.

F. On July 14, 2017, the Defendant’s representative director D stated that “(ju) Company D shall pay the Plaintiff advance payment at the bottom of the copy of the instant tax invoice,” and signed on July 14, 2017.”

[Ground of recognition] Evidence Nos. 1 to 3, Evidence No. 1 to 1, the purport of the whole pleadings

2. The parties' assertion and judgment

A. The Plaintiff’s assertion and determination of KRW 24,530,000 under the instant tax invoice issued by the Plaintiff to the Defendant, which was paid in error by the Plaintiff, and received from the total amount of construction cost paid in 2015 and each construction cost executed in 2016.

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