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(영문) 광주지방법원순천지원 2016.02.02 2015가단6658

물품대금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On August 2011, the Defendant awarded a contract from Daewoo Construction Co., Ltd. for landscaping works (hereinafter “instant construction works”) and subcontracted the instant construction works to C around August 201.

C Around December 2012, the instant construction was completed in a way that the Plaintiff (D Company), E (F Company), etc. received trees and planted them.

B. When the Defendant and C issue a tax invoice to the Defendant and submit it to the Defendant through C among the subcontract price, the Defendant and C decided to settle the amount of the trees in a way that the Defendant directly pays the relevant tree price to the issuing company of the tax invoice.

Accordingly, tax invoices issued by the Plaintiff to the Defendant in relation to the instant construction project are equivalent to the sum of 27,4340,000 won as shown in the attached Table (1) of the tax invoices.

On the other hand, the letter of confirmation of the bringing-in of sub-items (ii) of the attached Form No. 3 of May 3, 2012, which was named G in the name of the Defendant on-site agent for the instant construction project, includes the items to be brought in to the construction site of this case

C. C was convicted of having committed a criminal offense, by submitting to the Defendant the amount equivalent to KRW 90 million total of the supply value and false tax invoice prepared by the company, even though it was not supplied with trees at the construction site of this case from the same margin of the same margin of the limited liability company and the green view thereof.

(Seoul High Court Decision 2013Da1187 decided March 14, 2014; Supreme Court Decision 2014No684 Decided June 19, 2014; Supreme Court Decision 2014Do857 Decided August 18, 2014). The Plaintiff and C were also convicted of each of the following crimes.

(Seoul District Court Decision 2014Ra1535 decided Feb. 23, 2015). (1) Although C was supplied with human trees equivalent to 34.5 million won by the Plaintiff, C was requested by the Plaintiff on March 10, 2012 and provided by the Defendant.