공사대금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The gist of the Plaintiff’s assertion was that the construction of the new building B located in Seosan City (hereinafter “instant real estate”) was carried out, and the Plaintiff transferred the instant real estate to Nonparty C, the owner of the building, the claim for construction cost of KRW 63,570,000 to the Defendant. The Defendant was awarded a successful bid in the auction procedure on the instant real estate
Then, while the Defendant entrusted the Plaintiff with the additional construction on the instant real estate, requested the Plaintiff to issue a tax invoice in advance on the aggregate of KRW 63,570,000 in the amount of the transferred construction cost and KRW 32,930,000 in the amount of the additional construction cost and KRW 96,50,000 in the amount of the transferred construction cost, and the Plaintiff issued a tax invoice for KRW 96,50,000 to the Defendant.
Therefore, the Defendant is obligated to pay the Plaintiff KRW 63,570,000 as well as KRW 73,220,000 as the total amount of KRW 9,650,000 on the tax invoice issued by the Defendant.
2. According to the evidence Nos. 1 and 2, the Plaintiff’s claim for construction price of KRW 63,570,000, which the Plaintiff owned against C regarding the instant real estate on July 8, 2014, is transferred to the Defendant; and the Plaintiff issued an electronic tax invoice of KRW 105,150,000 to the Defendant on November 20, 2014, respectively.
However, even if based on the above facts of recognition, it is insufficient to recognize that the plaintiff has a claim against the defendant as alleged, and there is no other evidence to acknowledge the plaintiff's claim.
3. Accordingly, the plaintiff's claim is rejected, and it is dismissed. It is so decided as per Disposition.