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(영문) 대전지방법원공주지원 2015.04.02 2014가단2135
공사대금
Text

1. The defendant shall pay 88,959,050 won to the plaintiff and 20% per annum from August 15, 2014 to the day of complete payment.

Reasons

1. Facts of recognition;

A. A. Around October 2013, the Plaintiff was awarded a subcontract for steel framed, board, magrasium, and metal hold construction works (hereinafter “instant construction works”) from the Defendant among the new construction works of a gas station (hereinafter “instant construction works”) at KRW 129,70,000 (excluding value-added tax).

B. During the construction work, the Defendant requested the Plaintiff to change the construction work from the general window to the fire-fighting window, and the Plaintiff accepted the request.

C. Around January 2014, the Defendant did not properly pay the construction cost according to the already promised intention, and the Plaintiff suggested that the construction cost for the steel framed construction among the instant construction works should be adjusted to KRW 143,00,000 (including value-added tax) and the Defendant also requested the Plaintiff to issue a tax invoice for KRW 88,000,000, in addition to the tax invoice for KRW 55,000,000, which was already issued to the Plaintiff.

On January 2014, the Plaintiff issued a tax invoice of KRW 88,000,000 to the Defendant as of December 30, 2013, and the Defendant filed two tax invoices received from the Plaintiff with the competent tax office as a purchase tax invoice.

E. On February 2, 2014, the Plaintiff and the Defendant drafted a subcontract agreement of KRW 143,00,000 for the construction cost for the steel framed Construction Work.

F. Meanwhile, the Plaintiff is a person who received KRW 54,040,950 from the Defendant as the payment for construction work.

[Reasons for Recognition] Evidence A (including each number; hereinafter the same shall apply), Evidence B Nos. 2 and 3, the purport of the whole pleadings

2. According to the facts of the determination as to the cause of the claim, the Defendant completed the steel framed construction among the instant construction works, the steel panel, the metal window construction works, and the steel strawing construction. The Plaintiff and the Defendant agreed to settle the construction cost at KRW 143,00,000 (hereinafter “instant settlement agreement”).

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