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(영문) 대구지방법원김천지원 2016.08.18 2015가단3231

공사대금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

The Plaintiff’s assertion is that, on July 20, 2013, the Plaintiff entered into a contract with the Defendant for the construction of a new factory in the KCAB and completed the construction project on or around October 2013, but the Defendant did not pay the construction price at the rate until the date of payment extended from the Plaintiff by the end of December 2014. Thus, the Defendant is obliged to pay the money stated in the purport of the claim.

In this regard, the defendant asserts that the person who ordered the above swimming pool construction to the plaintiff is not the defendant's subcontractor C, but the defendant is not the defendant.

According to Gap 2 and 4, in a written estimate submitted by the Plaintiff on July 20, 2013, the fact that the head of the Defendant’s site manager stated “the payment for the construction work after completion of the construction work at the present site” and affixed it to the Defendant as of August 21, 2014 that the Plaintiff issued a tax invoice with the supply price of KRW 85 million to the Defendant as of August 21, 2014 is recognized

However, comprehensively taking account of Eul-B, five, eight, and the old U.S. Head of the tax office's reply to submit an order for submission, reference materials (re-certificate) as of October 29, 2015, and reference materials as of July 20, 2016, etc., the defendant was awarded a contract for the construction of the above factory from the Dispute Resolution Bank Co., Ltd. on May 30, 2013 to KRW 2.18,000,000 (Additional Tax) for the said construction of the factory by September 30, 2013, and for the period of September 30, 2013, the defendant was awarded a contract for the construction of the above factory (the aforementioned construction of the factory as of September 5, 2013, plus KRW 100,000,000,000,0000 for the period of 30,0000 won and KRW 130,000,000).