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(영문) 대구지방법원 2015.01.16 2013가합10264
공사대금
Text

1. The Defendant’s KRW 11,742,273 as well as the Plaintiff’s annual rate of 6% from October 5, 2013 to January 16, 2015, and the following.

Reasons

1. The parties' assertion

A. The Plaintiff asserted that the Plaintiff entered into a contract for remodeling work (hereinafter “instant construction work”) with the Defendant and the Defendant’s (hereinafter “instant cartel”) and set the construction cost at KRW 320 million.

After that, the Plaintiff and the Defendant agreed to increase the construction cost in KRW 30 million.

The Defendant leased the entire building of this case to a third party upon completion of the instant construction work. The lessee demanded the Plaintiff to perform the additional construction work, and the Defendant agreed to pay the construction cost of KRW 35 million and completed the instant construction work including the additional construction work.

In addition, in order to reduce capital gains tax, the Defendant demanded that the construction cost of the instant construction be returned to KRW 728,513,630, and the Plaintiff issued a tax invoice of KRW 728,513,630 for three occasions, and accordingly, paid KRW 72,851,363 as value-added tax.

Therefore, the money that the Defendant is obliged to pay to the Plaintiff is KRW 457,851,363 (= KRW 320 million) (= KRW 35 million) KRW 72,851,363).

The Plaintiff asserted that the amount of KRW 434,650,00 (the Plaintiff was paid KRW 434,000,000,000,000, which was paid as the instant construction payment from the Defendant on March 31, 2014 (the Plaintiff’s claim and claim that the amount was paid directly by the Defendant to E, a boiler operator, on behalf of the Plaintiff, and KRW 6,50,000,00,000, which was transferred to the Plaintiff’s account under the Plaintiff’s name on July 8, 2013, and thereafter received KRW 445,650,00,00 as alleged by the Defendant, including KRW 1,650,00,000,000,000 from the Defendant. However, the Plaintiff did not directly receive KRW 11,000,000 for the foregoing E, and the Plaintiff denied its debt to E.

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