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(영문) 인천지방법원부천지원 2015.12.22 2015가단7222

공사대금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On November 201, the Plaintiff concluded a construction contract with an individual entrepreneur engaged in the business of manufacturing water treatment equipment and pumps, etc. using the trade name “C,” under which the Plaintiff entered into a contract for construction that receives a subcontract for “facilities for the use of water treatment for a company, located in Yangcheon-gu Seoul Metropolitan Government E in relation to a company with Aubagro Korea Co., Ltd. (the trade name was later changed to ELAD on December 26, 2013; hereinafter “Nonindicted Company”).

(hereinafter “instant construction project”). (b)

On the other hand, the defendant is a corporation established on June 1, 201 for the purpose of running the business of manufacturing and selling water treatment systems, and it was not enough to use the government's business support system.

C. In order to raise the Defendant’s performance, the non-party company and the Defendant issued the tax invoice related to the instant construction project in the name of the Defendant, and requested the Plaintiff to do so. On November 30, 201, the Plaintiff agreed to do so, and issued the tax invoice of KRW 119,90,000 in total, and the tax invoice of KRW 106,70,000 in total, as of March 26, 201, respectively.

Afterward, the Defendant received some of the construction cost of this case from the non-party company, and remitted total of KRW 19,900,000,000 to the deposit account in the name of the Plaintiff on December 1, 2011, and KRW 25,000,000 on April 19, 2012, and KRW 55,000,000 on May 2, 2012.

[Ground of recognition] The fact that there is no dispute, Gap evidence 1, Eul evidence 2-1, Eul evidence 1, Eul evidence 2, Eul evidence 1 and 2, and the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's summary of the plaintiff's assertion is that the plaintiff was the defendant with the name of the recipient of the tax invoice for the purpose of using the government's corporate support system so that the defendant can use the government's corporate support system, and the defendant implicitly accepted the non-party company's obligation to pay the construction price to the plaintiff. Thus, the defendant shall pay