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(영문) 인천지방법원 2019.02.01 2018가단207372
공사대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff is an individual entrepreneur who runs the indoor decoration business in the trade name of “D,” and the Defendant is a corporation that runs the private teaching institute education business, restaurant chain business, etc.

B. Item (1) comprised of the Plaintiff’s “supplier” and the Defendant’s “person supplied”: E/materials, F, E/materials, total amount of KRW 3,515,60 on April 13, 2017; ② Electronic tax invoices of KRW 15,950,00: Labor cost; total amount of KRW 15,950,000 on April 27, 2017; and ③ Electronic tax invoices of KRW 6,050,000 on April 27, 2017; (4) Item (F Camp 2, total amount of KRW 8,800,000 on August 30, 2017; (5) Item 2, total amount of KRW 8,800,000; and (8), total amount of KRW 8,800,000 on the electronic tax invoices; and (6) Item 160,000 on the electronic tax invoices of KRW 30,017; and

(c) “Receipter: Defendant, on-site: The name of a specialized Egypted school, name of a specialized Egypted school: A written estimate is prepared as of July 15, 2017 in the name of the Plaintiff, which is the amount of KRW 20,718,506 (Additional Tax Map).

On June 21, 2017, the Plaintiff received KRW 15,000,000 from the Defendant, and he also received the same.

(4) The construction price under each electronic tax invoice as referred to in paragraphs (4) through (6) has been fully paid.

E. On the other hand, on November 3, 2017, the Plaintiff prepared and issued a written confirmation to the Defendant (hereinafter “instant written confirmation”) stating that “The amount of claim against the Defendant (E and FF) is not verified by receiving KRW 6,000,000,000 for construction work” (hereinafter “instant confirmation”).

[Ground of recognition] The fact that there is no dispute, Gap evidence 1-1 through 6, Gap evidence 2, 3, Eul evidence 9, the purport of whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion is that, at the request of the defendant, the specialized vocational schools in Incheon and the specialized vocational schools in Yeonsu-gu Incheon (hereinafter "E points and F points") located in the defendant's Incheon as a broker of the non-party G, and the defendant respectively.

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