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(영문) 대전지방법원논산지원 2017.07.19 2017가합2090
채무부존재확인
Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 114,659,750 to the Defendant (Counterclaim Plaintiff) and its related amount from November 1, 2016 to March 13, 2017.

Reasons

1. Facts of recognition;

A. On December 2015, the Plaintiff entered into a contract with the Defendant, who is engaged in wholesale and retail business, etc. of construction materials under the trade name “D” on December 7, 2015, to pay the price by the end of the following month after receiving a subcontract for the construction of the C-Ground C-Ground C-Ground C-Ground C-Ground C-Ground C-Symam (U.S.).

B. The Plaintiff’s construction site and work as the site manager, and E, who has overall control over the construction, began work upon request from F, and the wage was directly received from the Plaintiff.

E ordered the construction materials necessary for the Corporation from December 2, 2015 to September 2016 to the Defendant, and confirmed and signed the daily inspection table and comparison, which was kept at the site by the Defendant’s supply date, item, quantity, unit price, and total supply value at the site, and signed at the bottom upon the suspension of the construction work on September 2016.

C. From March 2016 to September 2016, the Defendant issued a statement of transaction specifying the date of supply, item, quantity, and unit price of the materials supplied in the Plaintiff’s future as above and an electronic tax invoice reflecting such a statement.

On July 25, 2016, the Defendant issued transaction statements and electronic tax invoices in the name of “G Company H” on the part of the value of supply at the buyer’s request.

The sum of the supply amounts under the transaction statements and tax invoices issued above is KRW 151,659,750.

On April 12, 2016, the Plaintiff remitted the supply value of 22 million won (including value-added tax) of the tax invoice issued by the Defendant to the Plaintiff on March 31, 2016, which was issued by the Defendant to the Defendant’s account. On July 26, 2016, the Plaintiff wired KRW 15 million to the same account even on July 26, 2016.

(Total 37 million won) In addition, on May 13, 2016, the Plaintiff issued a performance guarantee insurance policy with an insurance amount of KRW 100 million from the Seoul Guarantee Insurance Co., Ltd. to the Defendant as a payment guarantee for the credit goods payment.

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