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(영문) 대구지방법원 2016.11.24 2016나7188
대여금
Text

1. The Plaintiff’s appeal against the re-construction of the Defendant Company and Defendant A’s appeal are all dismissed.

2. The plaintiff.

Reasons

1. Basic facts

A. The Sindong Construction Co., Ltd. (hereinafter referred to as the “NLD Construction”) subcontracted the instant construction of reinforced concrete (hereinafter referred to as the “instant construction”) among the D new construction works located in Sindong-si C to the Defendant Re-construction, and the Defendant Re-construction subcontracted the instant construction to the Defendant A (hereinafter referred to as the “Defendant A, etc.”) who is one of B and ASEAN.

B. From May 5, 2015 to May 27, 2015, the Plaintiff supplied construction materials equivalent to KRW 19,305,550 (including value-added tax) at the instant construction site (hereinafter “instant materials”).

C. In relation to the price of the instant materials, the Plaintiff issued a tax invoice for KRW 19,305,550 (including value-added tax) on May 30, 2015 to the Defendant re-construction; ② a revised electronic invoice that excludes KRW 4,752,00 (including value-added tax) out of KRW 19,305,550 on the same day; ③ a tax invoice for KRW 4,752,00 (including value-added tax) on June 30, 2015 to the Defendant re-construction, respectively.

(hereinafter referred to as “instant tax invoice”) d in total.

On August 24, 2015, Defendant Re-construction paid KRW 11,000,000 out of the price of the instant material to the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 3 (including each number; hereinafter the same shall apply), Eul evidence No. 1, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion 1) concluded a supply contract with the Defendants and B, and supplied the instant materials to the Defendants and B, so the Defendants and B are obligated to pay the instant materials price to the Plaintiff according to the supply contract. In addition, Defendant Reconstruction leased construction business licenses to Defendant A, etc., so that Defendant A, etc. had Defendant A, etc. carry out the instant construction, and the Plaintiff agreed to pay the instant materials price directly to the Plaintiff.

Therefore, the defendant re-construction.

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