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(영문) 대전지방법원 2017.06.09 2016나9177
공사대금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The Plaintiff’s assertion that the cause of the Plaintiff’s claim was asserted that, while Hans Construction Co., Ltd. (hereinafter “SaS Construction”) subcontracted for construction and steel construction from the Defendant, the subcontracted part and the additional construction (hereinafter “instant additional construction”) were completed at the request of the Defendant, the owner of the building, and the Defendant filed a claim for the said additional construction cost of KRW 13,508,00 and damages for delay.

2. Determination

A. The Plaintiff’s assertion that there exists an additional construction agreement between the Defendant and the Defendant cannot be accepted for the following reasons.

1) As to the issuance of electronic tax invoices, the Plaintiff asserted that, on February 28, 2015, the Plaintiff issued a quotation for the instant additional construction works to the Defendant, and on March 30, 2015, issued an electronic tax invoice and claimed the price for the said additional construction works. According to each of the following: (a) on February 28, 2015, the Plaintiff issued a estimate of KRW 13,508,000 as the other party to the Defendant on February 28, 2015; (b) on March 30, 2015, the date on which the Plaintiff requested the Defendant to pay KRW 13,508,000 against the Defendant on March 30, 2015; (c) on March 20, 2015, the Plaintiff issued the said estimate to the Plaintiff on March 30, 2015; and (d) on March 23, 2015, the Defendant directly paid the subcontract price to the Plaintiff on March 20, 15, 2010.

The plaintiff from the Maul-ri.

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