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(영문) 서울중앙지방법원 2015.12.04 2014가합19733

공사대금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff prepared a contract with the Defendant to perform construction works of security camera or information and communications construction works as follows:

(The following contract amount is included in value-added tax; 1) The Seongbuk-gu Seoul Metropolitan Government purchase and installation works for security cameras in the Seongbuk-gu A Park (hereinafter referred to as the “One Corporation”) which is the contract amount of KRW 53.5 million on November 19, 2012.

(2) 2) Information and communications construction works within a stadium swimming pool with the contract amount of KRW 650,945 million as of March 2, 2013 (hereinafter “third-party construction works”) in B, the contract amount of KRW 55,00,000,000,000,000 for security camera purchase and installation works in B (hereinafter “second-party construction works”) in December 17, 2012.

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B. From November 29, 2012 to March 29, 2013, the Plaintiff issued a tax invoice amounting to each contract price of the Corporation Nos. 1, 2, and 3 (hereinafter “each of the instant construction”) to the Defendant, respectively.

[Ground of recognition] Facts without dispute, Gap 1 through 3 evidence (including additional number; hereinafter the same shall apply), the purport of whole pleadings

2. The judgment of this Court

A. The Plaintiff’s assertion 1) After receiving a subcontract for each of the instant construction works from the Defendant, completed re-subcontracts to the other companies. However, the Plaintiff failed to receive KRW 21,855,99,000,000,000,000,000 from the Defendant, excluding KRW 53.5 million for the contract price of the first construction, and KRW 21,855,999,000,000,000 for the second construction contract price, and KRW 55,000,000,000 for the third construction contract price, and KRW 65,945,00,00 for the third construction contract price, and KRW 13,925,00,000,00 for the remainder, excluding KRW 52,02,00,00 for the third construction contract price, or was directly supervised and supervised by the Defendant from each of the above sub-subcontracts.