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(영문) 광주지방법원 2015.11.11 2015나423
물품대금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The plaintiff's assertion

A. At the Defendant’s request, the Plaintiff supplied construction materials as listed below at the A construction site (hereinafter “A site”) that the Defendant performed with a contract from Boyang-gun (hereinafter “B”) and at the front construction site that the Defendant performed (hereinafter “B site”).

The supply value of construction materials during the field period A shall be 10,690,790 won in total,00 won in December 1, 2013, 200,350 won in B at the site of January 200,200,200 won in December 3, 2013 at B at the site of January 200,200 won in December 3, 2013, 2013.

B. However, on January 29, 2014, the Plaintiff received only KRW 5,261,740 (= KRW 3,952,740, KRW 1,309,00) from the Nanyang-gun, a contractor for the said A site, from the Plaintiff, for the two months in October 2013 and November 2013, and did not receive the remainder of construction materials.

C. Therefore, the Defendant should pay to the Plaintiff the remainder of the construction materials cost of KRW 5,429,050 (=2,000,350 won 200,200 won) and damages for delay.

2. Determination

A. The Plaintiff: (a) the Defendant hired C as D and provided construction materials; (b) the Defendant reported the supply price for the second half year of 2013 and the divided corporate tax for the second year of 2013; (c) and (d) the supply price for each of the above sites claimed by the Plaintiff by December 2013 (10,490,790 - 200,200 won for the total supply price for the first year of 2014) including the supply price for each of the above sites as input tax, etc.

B. The fact that the Defendant reported value-added tax, etc. on the same content as the above assertion does not conflict between the parties.

C. However, in light of the following circumstances, as a result of the statement No. 10 evidence No. 10 and the response of the order to submit taxation information on the net taxation duty of the court of the trial, the E-Tax Accounting Office's inquiry results about the E-Tax Accounting Office, added to the purport

The facts of paragraph A, or evidence Nos. 1 (supply specifications), 2-3, and 4-2-3 are equivalent to KRW 2,00,350 at the A site on December 2, 2013.

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