(영문) 광주지방법원 2017.01.18 2016가단515334

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(영문) 광주지방법원 2017.01.18 2016가단515334

공사대금

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On May 2015, the Plaintiff received a contract from the Defendant for the repair and maintenance works inside the Mando hotel located in 140, Seo-gu, Gwangju, Seo-gu.

(hereinafter “instant contract”). (b)

On July 23, 2015, the Plaintiff and the Defendant written a contract agreement stating the contract amount of KRW 100,000,000 (including value-added tax) and agreed to implement the following matters:

① When the Plaintiff completes construction works by August 25, 2015, the Plaintiff may receive 50,000 won for the profit of remodeling expenses, and shall be subtracted from 5,000 won per day without delay.

(2) If any portion of the remaining portion of the construction project, other than the cost of the construction project finalized by the deadline, is added to a quotation, it shall be borne by the plaintiff.

(3) A daily report on gold-day business and a daily business report shall be filed, and expenses shall not be recognized when there is no private person in the business report.

C. On August 12, 2015, the Plaintiff issued an electronic tax invoice of KRW 220,000,000 (including tax amount of KRW 20,000,000) to the Defendant.

The Plaintiff completed construction on or around August 31, 2015, and the Defendant paid the Plaintiff KRW 100,000,000 on May 29, 2015, and KRW 80,000,000 on August 13, 2015, and KRW 220,000,000 on September 25, 2015.

E. Around October 29, 2015, a contract agreement was drawn up between the Plaintiff and the Defendant with a contract amount of KRW 220,000,000 (including value-added tax) as of July 23, 2015.

[Reasons for Recognition] Uncontentious Facts, Gap 3, 5 evidence, Eul 3, 4, 13 evidence, the purport of the whole pleadings

2. The plaintiff asserts that the contract of this case is executed by the plaintiff according to the defendant's instruction, and that the defendant pays 50,000,000 won to the plaintiff with expenses and profits. The plaintiff asserts that the contract of this case is paid 265,958,01 won in total and 50,000 won in total for the purchase of construction materials, etc. and 220,000,000 won in total.

In this regard, the Defendant entered into the instant contract with the fixed amount of KRW 100,000,000, but changed due to excessive input, etc.

유사 판례

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