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Reasons
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(영문) 창원지방법원마산지원 2015.11.05 2014가단9406
양수금
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1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On April 26, 2013, the Defendant entered into a subcontract with Hanyang Co., Ltd. with respect to the other construction among the new construction works of Gwangju apartment units B (hereinafter “instant construction”) with the contract amount of KRW 1,867,837,00 (including value-added tax) during the construction period from April 26, 2013 to May 20, 2014.

B. The Defendant entered into a sub-subcontract with the so-called C by setting the amount equivalent to 93% of the value of supply of the tax invoice issued by the Defendant with respect to the instant construction work.

C. C continued the instant construction until December 2013, and the Defendant directly performed the instant construction work from January 2014.

Hanyang Co., Ltd. and the defendant confirmed the completion of the instant construction work in December 2013 as KRW 919,430,000. Accordingly, the defendant issued a tax invoice of KRW 919,430,000 in total in the value of supply in the Hanyang Co., Ltd. by December 2013.

E. On April 16, 2014, C entered into a contract between the Plaintiff and the Defendant to assign KRW 100,000,000, out of the claim for the construction cost of this case against the Defendant, and notified the Defendant of its purport on April 18, 2014.

[Ground of recognition] Unsatisfy facts, Gap evidence 1, Eul evidence 1 to 4 (including paper numbers), witness C and D's testimony, fact inquiry results on Hanyang Co., Ltd. of this court, the purport of the whole pleadings

2. Determination as to the cause of claim

A. According to the facts acknowledged prior to the payment of the construction cost that the Defendant has to pay to C, the Defendant shall pay C the amount of KRW 85,069,90 (i.e., KRW 919,430,000) equivalent to KRW 93% of the supply price of the tax invoice issued by the Defendant, as the construction period of the instant case until December 2013, barring special circumstances (i.e., KRW 919,430,000).

As to this, the Plaintiff asserted that C was the instant construction until February 2014, and that the actual flag of the Plaintiff was more than that of the Defendant, Hanyang Co., Ltd and the Defendant.

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