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(영문) 인천지방법원 2016.11.09 2016가단207118

공사대금

Text

1. Defendant A and B shall be jointly and severally, and Defendant C shall be jointly and severally with Defendant A and B, and the Plaintiff shall be KRW 106,280,000,00.

Reasons

1. Basic facts

A. The Plaintiff is a corporation that engages in freezing and refrigerating show manufacturing and selling business.

From November 15, 2013, Defendant A and B are joint businessmen who operate food materials wholesale and retail business, etc. with the trade name of the building D (Se Nos. 103, 104, and 101 part) in Seo-gu Incheon Metropolitan City (Se No. 103, 104, and 101).

From February 2015, Defendant B became a sole business operator.

(A) The Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd.”) is a corporation that engages in indoor construction business, etc.

B. Defendant A served as the representative director of the Defendant Company from August 31, 2012 to August 25, 2015, and F served as the representative director of the Defendant Company from August 25, 2015 to August 25, 2015.

F is the birth of the defendant A and the husband of the defendant B.

C. Around October 29, 2013, the Plaintiff received an oral contract from F, representing Defendant A and B, for installation work, such as freezing and cooling shock cases in E (excluding value-added tax) at KRW 112,00,000.

During the construction process, F, who represented Defendant A and B, requested the Plaintiff to additionally perform construction works, such as display stand and difficulty in the E, etc., and the Plaintiff consented to the said request (the additional construction was not prepared by a separate contract) and the additional construction was also conducted after the Plaintiff consented to the said request.

(hereinafter referred to as the “instant construction”) e.g., the main and additional construction works.

On December 2, 2013, the Plaintiff issued, at the request of F, a tax invoice of KRW 181,280,000 (including value-added tax) in the name of the Defendant Company that Defendant A worked as the representative director at the time of the issuance of the tax invoice of KRW 181,280,00 in total (including evidence 14-2).

F. The Plaintiff completed the instant construction around January 2014, and Defendant A and B operated E from that time.

G. As such, according to issuing a tax invoice under the name of the Defendant Company, the Plaintiff received KRW 75,00,000,000 as the construction price of the instant case from the Defendant Company on November 18, 2013, and KRW 30,000,000 on December 4, 2013, and KRW 15,000,000 on April 25, 2014.

H. The plaintiff's remaining construction cost.