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Reasons
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(영문) 광주고등법원 (전주) 2018.12.06 2018나10208
공사대금 등
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1. According to the claims added by this court, the Defendant’s KRW 210,000,000 and its corresponding amount from December 1, 2016 to the Plaintiff.

Reasons

1. Facts of recognition;

A. A. On February 24, 2015, the Plaintiff newly built B from the Defendant on the ground other than the Jeonnam-gun C (hereinafter “instant construction project”).

(2) The Plaintiff was awarded a contract for the construction cost of KRW 2,060,000 (excluding value-added tax) and the construction period from January 5, 2015 to September 30, 2015. (2) The Plaintiff continued the instant construction and completed the construction work on August 2015.

B. (1) The Plaintiff lent KRW 150,000,000 to the Defendant on August 11, 2015, and KRW 90,000,000 on September 15, 2015. (2) In addition, upon the Defendant’s request, the Plaintiff issued a tax invoice with the Plaintiff as the recipient of the Plaintiff’s transaction to the Defendant’s customer.

C. As of February 23, 2016, the construction cost that the Defendant paid to the Plaintiff for the instant construction project contracted on February 24, 2015 between the Defendant and the Plaintiff as KRW 2,266,00,000 (including surtax), including the Plaintiff’s agreement, etc. is as follows.

1. Amount of KRW 2,266,00,000 which is the contract price and KRW 2,205,470,000 which is the difference between the amount received and the amount received as 2,205,470,000 which is the contract price; and

2. 12,479,400 won which is the additional construction cost; and

3. Amount of 210,000,000 won which the Plaintiff lent to the Defendant, out of the amount of 240,000,000 won which was repaid by the Plaintiff;

4. At the Defendant’s request, the unpaid amount of KRW 102,646,00, out of the total amount of the tax invoices issued by multiple entrepreneurs who received the Plaintiff, shall be as follows:

If the unpaid amount under Article 1 (1), (2) and (3) is fully paid from KRW 283,09,40 to KRW 283,225,141, which is the aggregate of the outstanding amount and the balance of the loan and additional construction costs, and KRW 24,530,000 to be refunded if the unpaid amount under paragraph (4) is fully paid, the Defendant shall limit the estimated amount of the loan and KRW 238,254,259 to 238,259 [the payment method] out of the adjusted amount under Article 2, the Defendant shall pay KRW 10,000,000 until March 13, 2016, KRW 60,000 until May 13, 2016; and KRW 60,000,000 to the remainder until June 13, 2016; and

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