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1. Of the judgment of the court of first instance, KRW 7,00,000 against the Plaintiff and its related thereto, from March 8, 2014 to August 20, 2015 to the Plaintiff.
Reasons
1. Basic facts
A. The Defendant is a company that aims to manufacture and sell rubber parts, and is the owner of B 595 square meters of land for factory divided in the land A at Kimhae-si, Kimhae-si (the land category was changed to the site on August 26, 2013; hereinafter “instant land”). C is the person who purchased the instant land from the Defendant, and D is the wife of C.
The plaintiff is a contractor of the construction project that constructs the second class neighborhood living facilities and the second class neighborhood living facilities and the second class detached houses on the land of this case (hereinafter referred to as the "instant construction project").
B. On January 21, 2013, the Defendant concluded a sales contract between the Defendant and C to sell the instant land in KRW 373,500,000 on the purchase price, and concluded an agreement with C to newly construct a building on the said land with a preferential payment of KRW 3,00,000 out of the purchase price, and then the buyer agreed to obtain a loan for the said land and new building on the said land as collateral to settle the remainder of the purchase price and the construction cost on the remainder date.
C. (1) On April 19, 2013, D, the wife of C, as the contractor, designated the Plaintiff as the contractor and the subcontractor, and the name of the contractor, “B-Class Two Neighborhood Living Facilities Construction (Seoul)” from April 22, 2013 to July 222, 2013, supply price of KRW 186,00,000, value-added tax amount of KRW 18,60,000, value-added tax amount of KRW 18,60,000, total construction amount of KRW 204,60,000 (Evidence 2; hereinafter referred to as “D-title contract”).
was drawn up.
In the contract form, "the addition of 8 million won per 194,000,000 won to the supply value column of the construction cost" is written.
2) On April 20, 2013, the Defendant: (a) signed a contract for construction works (including value-added tax) with the Plaintiff as a contractor and the Plaintiff as the contractor; (b) the contract amount of construction works, which is KRW 176,000,000 (including value-added tax); and (c) on April 20, 2013, the supply value of KRW 200,000,000, value-added tax amount of KRW 20,000,000, total construction amount of KRW 220,000,000.