손해배상청구
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Plaintiff, a corporation engaged in electrical construction, telecommunications construction, and fire-fighting system installation business, etc., issued a number of electronic tax invoices, including a tax invoice stating that the Plaintiff ordered Cheongju Metal Co., Ltd. to replace 8,000,000 won in supply price, and, during the period from May 9, 2014 to December 29, 2014, that a number of electronic tax invoices issued under the name of the Plaintiff, including a tax invoice stating that the Plaintiff caused Cheongdo Integrated Construction Co., Ltd. to be supplied with electricity, telecommunications construction, and fire-fighting construction.
B. On February 16, 2016, the Youngjin Fire Fighting Co., Ltd. (hereinafter “Non-Party Co., Ltd”) filed a lawsuit against the Plaintiff seeking payment of the subcontract price on the ground that the construction was completed by subcontracting various fire-fighting construction projects by the Plaintiff and received a judgment in favor of the Plaintiff to pay KRW 23,830,00 and damages for delay (Seoul District Court Jinwon District Court 2015Kadan4937). The Plaintiff paid KRW 25,281,840 to the said company on March 25, 2016.
C. Meanwhile, the Defendant is a person who served as the head of the Plaintiff’s site by December 2014 as the birth of C, the representative director of the Plaintiff, by December 2014.
[Ground of recognition] Each entry of Gap evidence Nos. 1, 8, 9, 13 (including paper numbers) and the purport of the whole pleading
2. The assertion and judgment
A. The plaintiff's assertion ① The defendant was awarded a contract for various construction works from Suwon Metal Co., Ltd. under the name of the plaintiff and did not pay it to the plaintiff. The plaintiff was bound to pay KRW 101,471,818 as value-added tax on each of the above construction works and KRW 30,441,545 as corporate tax, the amount of which exceeds 1,014,718,18, and 30% of the construction cost under the tax invoice as to each of the above construction works.
② The Defendant abused the Plaintiff’s name and subcontracted construction to Nonparty Company.