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(영문) 창원지방법원 2017.10.31 2017나173

공사대금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The Plaintiff is a person operating a manufacturing company under the name of “C”, and the Defendant is a corporation with the objective of general construction business, etc.

B. The Plaintiff concluded each construction contract with the Defendant as indicated in the table below (hereinafter “instant construction contract”).

(hereinafter) The term “each construction work shall be divided into the names indicated below). The date of the contract for the items of construction (including the additional tax) Nos. 15,122,00,000 on December 31, 2012, 204; ② D additional construction KRW 22,00,000 on December 31, 2012; ③ D additional construction KRW 3,300,000 on December 31, 2012; and ④ Eline construction KRW 15,12,00 on December 8, 208, 200 on December 22, 2014.

C. On June 1, 2012, the Plaintiff stated that the Defendant is “D Corporation” in the item column of the tax invoice for Drum Corporation (40,000,000) on November 23, 2012, Drum Corporation (55,00,000 won) on November 23, 2012, and December 31, 2012, the Plaintiff appears to be “D Corporation” but it appears to be “Dline Corporation”.

(22,70,000 won), D Additional Works (22,00,000 won) on December 31, 2012, 200, D Additional Works (22,00,000 won), on December 31, 2012 (3,300,000 won), and on December 8, 2014, each tax invoice was issued for DD fume Corporation (8,822,00 won) respectively.

(The amount within each of the above tax invoices shall be the amount including value added tax).

As indicated below, the Defendant paid the Plaintiff the construction cost for the instant D D Works (including Dline Construction, D Additional Construction, D D D fume Construction, hereinafter the same shall apply) as indicated below.

Defendant 1: (a) 20,000,000 won on November 23, 2012, 2012; (b) 0,000,000 won on September 10, 2012; (c) 01,00,000 won on June 29, 2012; and (d) 20,000,000 won on June 29, 2012; (c) 15,000,000 won on September 23, 2012; (d) 60,00,000,000 won on November 23, 2012; and (e) 10,000,000 won on October 23, 2013; and (e) 10,000,000 won on August 10, 203; and (e) 130,015, respectively.

2. Judgment on the parties’ assertion

A. 1) The Defendant is a witness F of this Court (hereinafter referred to as “F of this Court”).