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(영문) 청주지방법원 2019.07.11 2019가합19
공사대금
Text

1. The Defendant: 15% per annum from January 10, 2019 to May 31, 2019; and 15% per annum from June 1, 2019 to the Plaintiff.

Reasons

In light of the above legal principles, the lower court did not err by misapprehending the legal principles on the registration of ownership transfer as to the land that the Plaintiff would bring to payment in kind, and thus, did not err by exceeding the bounds of the principle of good faith.

In addition, the plaintiff's claim for construction work has been terminated according to the agreement that "any civil or criminal liability in the event of a problem shall be borne by the contractor" among the following special articles *

Added Special Port articles

1. The contract amount shall be calculated on the basis of a contract statement and shall, in principle, be changed by adjusting the actual construction volume;

2. The settlement of the contract amount with the contractor shall be 50% in cash and 50% in bulk.

3. The contractor shall select 50 m20 m2 as substitute material the G site within the petitioner-gu, Cheongju-si, Cheongju-si, 570 m2 as substitute material.

4. The contractor shall recognize the present loan of substitute land and all actions against substitute land shall be responsible for all of the contractor from the day following the conclusion of the contract.

* * The cancellation of the “Priju E” and the “Priju-si, Cheongju-si,” shall be selected as substitute lots for two lots of land (I: lot division) located outside the site of “H (H) in the Cheongju-si, Cheongju-si.

* Subsequent acceptance of the above cases without any difference in opinion, and in the event of the problem, all civil and criminal responsibilities shall be borne by the contractor.

Judgment

As to the argument regarding the amount of value added tax, there is no evidence to acknowledge that the Plaintiff issued a tax invoice only with respect to KRW 5,818,812 out of the value added tax, and even if so, there is no ground to reduce the amount of construction work on this ground. Therefore, this part of the argument is without merit without any need to further examine.

If the payment in substitutes intends to take effect in relation to the assertion of the agreement on payment in substitutes, the other benefits provided by the debtor in lieu of the original performance shall be realistic, and if it is required to register or register, the registration shall be completed.

Supreme Court Decision 199 delivered on September 15, 1995

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