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(영문) 울산지방법원 2020.05.21 2019나12169
철골제작대금
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 ground for appeal by the plaintiff citing the judgment of the court of first instance is not significantly different from the argument of the court of first instance, and the fact-finding and decision of the court of first instance are justified even if each evidence submitted to the court of first instance was presented to this court.

Therefore, the reasoning of this court's judgment is as follows, except that part of the judgment of the court of first instance is dismissed as follows, and therefore, it is acceptable to accept it in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Three-dimensional of the third part of the decision of the first instance.

this subsection shall be filled by the following:

According to the evidence evidence Nos. 3 and 6, the Plaintiff issued an electronic tax invoice of KRW 40,161,00 on February 9, 2018 (i.e., the value of supply of KRW 36,510,000) (i.e., the value of supply of KRW 36,651,00,000), and the e-mail sent to the Plaintiff that the Plaintiff’s director E of Co., Ltd. was separate from the instant construction on January 10, 2020, it was recognized that the Plaintiff sent the Plaintiff the e-mail that the part of the Plaintiff’s additional construction was carried out is separate from the instant construction. However, solely on the basis of

In addition to the instant construction work, there is insufficient evidence to acknowledge that the Plaintiff performed the additional construction work, and there is no other evidence to acknowledge it.

Rather, each of the aforementioned evidence and evidence Nos. 2 through 5 added to the purport of the entire pleadings, namely, ① a contract for an additional construction contract has not been prepared in addition to the instant construction contract between the Plaintiff and the Defendant; ② a public letter, purchase resolution, confirmation document, etc. submitted by the Plaintiff as to the additional construction works outside the instant construction period are prepared within the instant construction period; and ③ the Plaintiff and the Defendant did not mention any of the additional construction works upon the settlement agreement on February 7, 2018; ④ the Defendant reported value-added tax in the first quarter of January 4, 2018.

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