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(영문) 창원지방법원 진주지원 2021.01.27 2018가단6385
공사대금 등
Text

1. The Defendant’s KRW 96,00,000 for the Plaintiff and the following: 15% per annum from October 19, 2018 to May 31, 2019.

Reasons

1. Basic facts

A. On March 9, 2018, the Plaintiff received a subcontract for electrical construction (hereinafter “instant construction”) from the Defendant among the new construction works of D church located in C in Jinju-si, and the main contents are as follows.

The scheduled date of completion: 625,00,000 construction cost on September 9, 2018: The first press gold (after the completion of a feling): 50,000,000 won (excluding value added tax): 50,000 won (excluding value added tax): 50,000,000 won (excluding value added tax): 50,000 won (excluding value added tax), 50,000 won: 50,000 won (value added tax) 4th gold (value added tax on September 30, 2018): 162,50,000,000 won (value added tax on September 30, 2018): 50,000 won (value added tax): 162,00,000,0000 won (value-added tax on September 30, 2018): The value-added gold of 30,5000 won (value-added tax): 20,500 days after completion of construction work.

B. Until July 2018, the Plaintiff suspended the instant construction because it was unable to receive the advance payment from the Defendant, and the Defendant further subcontracted the remaining part of the instant construction to E Co., Ltd. on October 19, 2018.

(c)

On August 28, 2018, the Plaintiff issued a tax invoice of KRW 110,00,000 to the Defendant, and issued an additional tax invoice of KRW 44,00,000 to the Defendant who received the supply on September 5, 2018 (hereinafter “each of the instant tax invoices”).

On September 14, 2018, the Defendant paid KRW 44,000,000 to the Plaintiff. On September 19, 2018, the Plaintiff issued a tax invoice of KRW 14,000,000 to the Defendant who received supply on September 19, 2018.

[Reasons for Recognition] The facts without dispute, Gap evidence Nos. 1, 2, 4, and 5, Eul evidence No. 1 (including branch numbers), the purport of the whole pleadings

2. The assertion and judgment

A. The gist of the parties’ assertion 1) The plaintiff and the defendant have the duty to pay the balance of KRW 96,00,000,000 out of the above settlement amount (= 140,000,000 - 44,000,000) and the delayed damages.

Preliminaryly, the Plaintiff’s payment for the construction work is 148,500.

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