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(영문) 서울고등법원 2010. 11. 11. 선고 2010누15034 판결
공사잔대금 정산에 관한 분쟁이 있는 경우 용역의 공급시기[국승]
Case Number of the immediately preceding lawsuit

Suwon District Court 2009Guu1271 (O. 31, 2010)

Case Number of the previous trial

Early High Court Decision 2008Du15034 (Law No. 20097.07)

Title

The time of supply for services where disputes arise concerning the settlement of the balance of construction works;

Summary

Even if a dispute over the settlement of the balance of construction works has been instituted and the payment of the balance of construction works has been determined in its decision, this is not a lawsuit concerning the construction works, but a matter concerning the defect of the services for which the supply has been completed at the same time as the payment of the balance of construction works, and compensation for damages due to the delay of construction

The decision

The contents of the decision shall be the same as attached.

Man Doz 300

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 is revoked and the defendant revoked the disposition of imposition of value-added tax of KRW 90,100,680 on February 11, 2008 against the plaintiff on February 11, 2008.

쇠지지鹬 쇠鹬 3000 u3000

The reasoning for the court's explanation concerning this case is that of the first instance court, except for the case where the sum totaling KRW 2,117,166,886, and the sum totaling KRW 452,987,324, etc. of the additional construction cost of KRW 452,97,987,324 of the totaling KRW 2,117,166,886 of September 25, 2009 of the second instance court's decision of September 25, 2009, and KRW 452,987,324 of the additional construction cost, the amount of KRW 2,117,16,886, which is calculated by deducting damages equivalent to the compensation for delay, defect repair cost, etc., is the same as that of the second instance court's decision. Thus, it shall be cited as it

Therefore, the judgment of the first instance court is legitimate, and the plaintiff's appeal is dismissed. It is so decided as per Disposition.

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