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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The relationship between the parties 1) The Plaintiff is a construction business operator specializing in the construction of livestock shed facilities, etc. with the trade name of C. 2) The Defendant is a construction business operator established on March 7, 2014 with the purpose of manufacturing livestock machinery and equipment and constructing livestock shed facilities.
B. 1) On October 20, 2016, E operating a D farm entered into a contract with the Defendant and Kimhae-si to the cost of construction for the modernization of livestock pens facilities located in Kimhae-si (hereinafter “instant contract”).
(2) On October 20, 2016, the Defendant concluded a contract with the Plaintiff to subcontract the interior facilities construction of a stable building (hereinafter “instant construction”) among the instant contract.
(hereinafter referred to as “instant subcontract”). (c)
(1) On February 27, 2017, the Plaintiff issued each electronic tax invoice with the total amount of KRW 200,000,000 (the total amount of KRW 181,818,181, the tax amount of KRW 181,819), the total amount of KRW 100,000,000 (the total amount of KRW 90,909,090, the tax amount of KRW 909,090, the tax amount of KRW 9,090,910), and the total amount of KRW 300,00,000 (the total amount of KRW 272,727,272, the tax amount of KRW 27,272,72,7288,200,000,000) on March 13, 2017, including the amount of KRW 60,700,000,000,000.
3) On June 24, 2017, the Plaintiff issued a tax invoice of KRW 104,00,000 (the supply price of KRW 94,54,455,454, the tax amount of KRW 9,454,546) and demanded the Defendant to pay it. (4) The Defendant cannot recognize the said tax invoice as the construction price under the instant subcontract, and requested the revocation of the issuance thereof.
The Defendant’s claim for the cost of installing stone against the Plaintiff and the Defendant, together with the Plaintiff, shall be the construction company in the five military clubs, including G farm, H farm, I, J, and K.