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(영문) 의정부지방법원 2016.11.18 2016가단9469
물품대금(재료비)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The following facts may be found either in dispute between the parties or in accordance with Gap evidence Nos. 1, 2, 3, and 8-1, Eul evidence No. 10-1, and 10-2. A. The whole purport of the pleadings may be considered.

The plaintiff is engaged in the business of constructing air control devices in the trade name of "B".

B. (1) On October 27, 2014, the Plaintiff entered into a construction contract with the Defendant with respect to the installation of the equipment and facilities (hereinafter “instant construction”) among the D New Construction Works in Seo-gu Incheon, Seo-gu, Incheon, Seo-gu (hereinafter “instant construction”) with the Defendant, by setting the construction cost of KRW 132 million (including value-added tax) and the construction period from October 1, 2014 to November 30, 2015, with the Defendant’s subcontracting.

(2) The Defendant paid to the Plaintiff the price for the completed portion by the method of payment of the construction cost, the material cost shall be paid once every two months, and the personnel cost shall be paid once a month.

C. On January 30, 2015, the Plaintiff issued a tax invoice of KRW 20,757,000 and filed a claim against the Defendant. The Plaintiff received KRW 20,757,000 from the Defendant on January 30, 2015.

The Plaintiff issued a tax invoice of KRW 15,400,000 on March 30, 2015, and filed a claim with the Defendant on April 1, 2015, respectively.

E. On May 12, 2015, the Defendant: (a) endorsed and transferred an electronic bill, which is KRW 20,90 million at the face value (i.e., KRW 15,400,000, KRW 5500,000, which is the sea of the issuer (i.e., the issuer), to the Plaintiff in relation to the tax invoice dated 30, 2015 and April 1, 2015; and (b) received payment by the Defendant on August 31, 2015.

F. The Plaintiff performed the instant construction work by June 22, 2015.

G. On July 1, 2015 and July 10, 2015, the Defendant notified the Plaintiff that the instant construction would be requested, and that the instant construction would be avoided if the Plaintiff’s refusal to comply therewith, and that it would be converted into the Defendant’s direct management system.

2. Judgment on the plaintiff's claim

A. (1) Judgment on the Plaintiff’s first assertion (1) on June 22, 2015 on the Plaintiff’s instant construction work.

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