채무부존재확인
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Basic Facts
The plaintiff and the defendant are companies engaged in construction waste collection, transportation and disposal business.
On September 1, 2017, the Defendant filed a claim with the Plaintiff for the amount of KRW 538,071,986 (i.e., the value of supply KRW 489,156,351, value of supply and KRW 48,915,635) (hereinafter “instant tax invoice”).
[Reasons for Recognition] A’s assertion of the purport of the entire argument by the Plaintiff is without dispute. The Plaintiff did not enter into a contract with the Defendant for removal construction work equivalent to the amount of service indicated in the instant tax invoice, and there was no fact that the Defendant provided the removal construction work corresponding thereto. Thus, there was no obligation of KRW 538,071,986 to the Defendant under the instant tax invoice against the Defendant.
The Defendant received a subcontract from the Plaintiff from 2012 to 2016 and carried out removal works on a total of 62 occasions, and the Defendant has a claim of KRW 538,071,986 against the Plaintiff on the instant tax invoice.
Judgment
Comprehensively taking account of the aforementioned evidence and the overall purport of the statements and arguments set forth in subparagraphs B through B, the Plaintiff entered into a contract with the 62 ordering office including the 7297 unit for each construction work, including removal, and entered into each on-site management agreement with the Defendant to manage labor, safety, public duties, environment, equipment, etc. with respect to the work within each of the above construction sites. The Defendant, in accordance with the above on-site management agreement from 2012 to 2016, managed the Plaintiff’s on-site management at each of the above construction sites, and settled the amount that the Plaintiff and the Defendant would receive from the Plaintiff. The sum of the above 62 construction sites was 489,156,351, and the total amount of the 62 construction sites was 489,071,986 won (i.e., the value of supply (= 489,156, 351, 481, 635 won).
In conclusion, the plaintiff .