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(영문) 대구지방법원 2015.10.08 2014나12391

장비임대료

Text

1. The plaintiff's appeal and the defendant's incidental appeal are all dismissed.

2. Each of the costs of lawsuit after the appeal is filed.

Reasons

1. Basic facts

A. On February 28, 2012, the Defendant entered into a contract with the Yecheon-gun A (hereinafter “instant construction”) with respect to the construction cost of KRW 217,361,120 and the construction period from March 5, 2012 to August 31, 2012.

B. Since then, on August 28, 2012, the Defendant and the Yecheon-gun changed the construction period to October 20, 2012 without changing the amount of money on the ground of rain, etc. on the ground that the said period was changed to October 20, 2012; on October 11, 2012, the construction cost was reduced to KRW 214,60,000; and the construction period was changed to November 19, 2012.

C. The Defendant, upon entering into the said construction contract, subcontracted the instant construction project to C running Company B, but in order to avoid the application of the Act and subordinate statutes prohibiting subcontracting in a lump sum, reported C on March 1, 2012 as the head of the site office of the instant construction project and reported C to YY as the job site director of the instant construction project, and entered C in the notice posted at the construction site as the head of the Defendant’s site office.

The instant corporation independently subcontracted without the Defendant’s employee and filed a claim for the construction cost with the Defendant, the Defendant received the construction cost from Ycheon-gun, and paid it to C. The Plaintiff included equipment and figures, such as C and dump trucks, at the request of C from June 2012.

E. On August 30, 2012, the Plaintiff: (a) issued a tax invoice of KRW 44,495,500 with respect to the instant construction project; and (b) filed a claim for the payment with the Defendant on September 30, 2012 when filing a tax return using each of the said tax invoices; and (c) the Defendant received input tax deduction upon filing a tax return using each of the said tax invoices.

F. On November 19, 2012, the Defendant received a completion inspection on the instant construction project from the Yecheon-gun.

[Ground of recognition] A without dispute, Gap evidence Nos. 1 through 6, 8, 14 through 19 (including each number; hereinafter the same shall apply), Eul evidence Nos. 1, 7, 8, 11.