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(영문) 광주지방법원 2017.11.30 2015가단528890
공사대금
Text

1. The Defendant’s KRW 21,00,000 as well as the Plaintiff’s annual rate from February 8, 2014 to November 30, 2017.

Reasons

1. Facts of recognition;

A. On January 3, 2014, the Plaintiff was awarded a contract with the Defendant for the interior work of KRW 105,000,000 from Seo-gu, Seo-gu, 203 Dong 1201, Seo-gu, Gwangju. At the time, the contract prepared contains the following:

This Agreement is not value added tax.

- No transfer income tax may be used at the time of return.

5) Contract deposit of KRW 30,000,00 for each type of work: KRW 25,000 for the first intermediate payment of KRW 25,00,000 on January 4, 2014: January 13, 2014; KRW 25,000 for the intermediate payment of KRW 25,00,000 for the remainder payment of KRW 24, January 24, 2014: The materials to be used for the installation of facilities shall be new products, and quality, name, size, etc. shall be consistent with the design and specifications: Provided, That the materials not expressly provided for in the design and specifications shall be the most suitable for the achievement of the purpose of the contract above standard products. (b) The Defendant paid KRW 84,00,000 for the construction cost to the Plaintiff. The Defendant paid KRW 1,000 for the remainder payment of KRW 1,000 for the entire pleadings.

2. The assertion and judgment

A. 1) According to the above facts of recognition, the Defendant is obligated to pay the Plaintiff the construction cost of KRW 21,000,000 (i.e., KRW 105,000,000 - 84,000,000) and damages for delay. 2) The Plaintiff asserts that the Plaintiff agreed to be separately paid value-added tax from the Defendant at the time of the above contract.

However, since the evidence requested by the plaintiff alone is insufficient to recognize the above facts, the plaintiff's above assertion is without merit.

3 The Plaintiff asserts that, around the beginning of February 2014, from the Defendant, the Plaintiff completed an additional contract with the Defendant for value-added tax separately at KRW 6,90,00,000 for the expansion of a small and small room in the south of the said apartment complex, the installation of a small one string house, the installation of a kitchen string house, and the installation of a string house.

However, the evidence requested by the Plaintiff alone is recognized that the Defendant agreed to pay the construction cost in addition to each of the above construction works.

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