Case Number of the immediately preceding lawsuit
Suwon District Court 2009Guhap2260 (209.01)
Case Number of the previous trial
early 208 Heavy1022 ( December 12, 2008)
Title
Where a dispute over defect repair expenses and liquidated damages arises after the provision of services and the lawsuit is settled after the deadline for supply;
Summary
In the event that a contract is concluded by specifying the contract amount and the construction period, the date of approval for use shall be deemed the time of supply, and the time of supply shall not vary because the construction cost has been settled after a lawsuit was filed due to a dispute over compensation for delay of defect repair costs.
The decision
The contents of the decision shall be the same as attached.
Text
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The judgment of the first instance shall be revoked. The defendant shall revoke the disposition of imposition of value-added tax of KRW 12,328,300 for the second period of February 1, 2007 against the plaintiff on February 1, 2008.
Reasons
The reasoning for the court's explanation on this case is as stated in the reasoning of the judgment of the court of first instance, except where "1,181,815,947 Won" of No. 3 of the judgment of the court of first instance is "1,181,815,943 Won" of No. 19 of the judgment of the court of first instance, and therefore, it is identical to the part of the judgment of the court of first instance. Thus, it is acceptable in accordance with Article 8 (2) of the Administrative Litigation Act and Article
2. Conclusion
Therefore, the judgment of the court of first instance is legitimate, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.