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

A. The Plaintiff is a legal entity that engages in the vessel repair business, and the Defendants own 1/2 shares of the barge, “D” (hereinafter “instant vessel”), and is an individual entrepreneur that engages in vessel leasing business jointly with the name of “E”.

나. 원고는 ‘F 주식회사’(이하, ‘소외 회사’라 한다) 직원인 G의 수리 요청에 따라 2017. 2. 24.부터 2017. 3. 4.까지 이 사건 선박을 수리하였고(그 수리계약을 ‘이 사건 수리계약’이라 한다), 수리 완료 후 원고가 제출한 완료사양서(갑 제2호증의 1, 수리업체가 수리한 내역을 항목별로 기재하고 수리 의뢰인에게 이를 인정해 줄 것을 요청하는 서류이다)에 이 사건 선박의 선두(船頭) 부선의 경우 선장을 ‘선두’라고 칭하는 것으로 보인다.

H signed by them.

C. The repair cost calculated by the Plaintiff pursuant to the above completion agreement is KRW 61,600,00 (including value-added tax). In this amount, the Plaintiff issued a tax invoice on March 20, 2017 by designating “the recipient of the supply” as the non-party company. However, on September 15, 2017, the Plaintiff received only KRW 10,000 from the non-party company and did not receive the remainder.

[Reasons for Recognition] Uncontentious Facts, Gap evidence 1, 2, Eul evidence 3 and 5 (including additional numbers), the purport of the whole pleadings

2. The parties' assertion

A. The Defendants demanded the Plaintiff to issue a tax invoice in the name of the non-party company for the purpose of evading the Plaintiff’s debt by passing the Plaintiff’s debt to the non-party company prior to bankruptcy, and the Plaintiff, not aware of his intention, was treated as taxes by the non-party company. The clients of the instant repair contract are not the non-party company but the non-party company, and thus, the Defendants are liable to pay the Plaintiff the repair cost of KRW 51,60,000 and the delay damages.

B. The Defendants are the charter party between the non-party company and the instant vessel.