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(영문) 광주지방법원 2017.11.17 2017나51784
공사대금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The court's explanation on this part of the facts of recognition is the same as the part of the judgment of the court of first instance concerning the facts of recognition under Article 420 of the Civil Procedure Act, in addition to the part written by the court as follows.

[Supplementary portions] The 15 and 16th sentence of the first instance judgment shall be followed as follows.

E. The Defendant paid the Plaintiff a total of KRW 56,00,000 (value-added tax of KRW 50,000,000 for construction work). The construction of original processing plant was completed, and the preservation registration was completed on May 29, 2013.

F. The Plaintiff filed a lawsuit against the Defendant for value-added tax of KRW 6,00,000 on the ground that “the Plaintiff shall execute the construction work in accordance with the instant construction contract, and the Defendant entrusted the additional construction work, and the construction cost of KRW 120,000 has occurred. The Plaintiff issued an electronic tax invoice of KRW 120,000,000, the value-added tax of KRW 120,000 upon the Plaintiff’s request for a change in the issuance of the tax invoice, and the Plaintiff issued the electronic tax invoice of KRW 120,000, the amount of KRW 1200,000,000, and the remainder of the value-added tax of KRW 6,000,000 on August 1, 203, the Defendant paid only KRW 6,00,000,000 to the Plaintiff under the premise that the Plaintiff would directly pay the construction cost, and the Defendant paid KRW 50,000,000,00 on the premise that the Defendant paid to the Plaintiff.

(G) The Gwangju District Court 2014Gaso79098, Gwangju District Court 2015Na1808). The Defendant paid the Plaintiff value-added tax of KRW 6,00,000 in addition to the value-added tax according to the above judgment.

2. The detention shall be made in civil procedure in respect of the facts found in a civil or criminal judgment on the cause of the claim.

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