(영문) 수원지방법원 2018.08.10 2017가단505946

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 2018.08.10 2017가단505946

공사대금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The plaintiff is a person engaged in building business with the trade name of C, and the defendant is a corporation engaged in civil engineering work, etc.

B. From the end of 2012, the Plaintiff was awarded a subcontract for the board and steel framed from the Defendant at the construction site that was contracted by the Defendant from the end of the construction site, and the construction cost was paid by the Defendant when the Plaintiff issued a tax invoice to a certain extent after the construction was conducted.

C. From January 14, 2013 to September 13, 2013, the Defendant paid the Plaintiff KRW 431,20,000, total amount of construction cost, which is the payment of the tax invoice issued, to the Plaintiff.

[Ground of Recognition] Facts without dispute, entry of Eul's evidence 1 to 14 (including each number), witness D's partial testimony, the purport of the whole pleadings

2. The Plaintiff asserted that the Plaintiff did not pay KRW 30 million for the construction cost of this case, since the Plaintiff agreed to pay KRW 30 million for the construction cost of this case to the Plaintiff, since the Plaintiff did not pay KRW 30 million for the construction cost of this case to the Plaintiff, the Defendant must pay the Plaintiff the construction cost of this case to the Plaintiff.

3. We examine the following circumstances, which are acknowledged by the statements in the evidence Nos. 6 and 7, witness evidence Nos. 6 and 7, witness D’s testimony, and the purport of the entire pleadings: (i) there was no direct disposition document, such as a construction contract between the Plaintiff and the Defendant with respect to the instant construction project, in which the construction cost is KRW 30 million between the Plaintiff and the Defendant; (ii) there is no dispute between the Plaintiff and the Defendant that all the construction cost for which the tax invoice was issued is paid; and (iii) the claim amount is an amount for which the tax invoice was not issued; and (iv) the Plaintiff acknowledged that the said G did not pay the construction cost in telephone communications between the Plaintiff and the Defendant’s representative director

유사 판례

-부산지방법원 2017.01.19 2015가단243039

-서울중앙지방법원 2017.01.20 2014가단5046313

-의정부지방법원 2019.07.11 2018나5738

-수원지방법원 2015.12.11 2014가단56948

-전주지방법원 2016.05.11 2014가단13671