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(영문) 광주지방법원 2015.11.11 2014가단51911
손해배상(기)
Text

1. Each claim against the Defendants by the primary plaintiffs is dismissed.

2. Defendant D Co., Ltd. shall be the conjunctive Plaintiff.

Reasons

1. Facts of premise;

A. Nonparty F (hereinafter “F”) and Defendant D Co., Ltd. (hereinafter “Defendant Co., Ltd”) built a new building on the land owned by Plaintiff A and B and on the land owned by F with the consent of the primary Plaintiffs (hereinafter “Plaintiff”) without distinction between the primary and conjunctive Plaintiff

(hereinafter “instant construction project”). (b)

However, as the said new building construction corporation did not run as an insolvent financial institution, F and Defendant Company agreed to transfer the said newly built building to Plaintiff A and B, which is represented by F on October 27, 2009, the Plaintiff Limited Company C (former trade name: Limited Company G; hereinafter “Plaintiff Company”) and the said newly built building.

(hereinafter referred to as “instant agreement”). C.

The main contents of the above Agreement are as follows:

1. The plaintiff A and B shall pay the sum of the total construction cost of the defendant company and the land cost of the plaintiff company and other maintenance cost of the corporation to F and the defendant company 1.1 billion won.

7. Defendant Company shall issue a tax invoice for the amount related to the Defendant Company to Plaintiff A and B at the request of the above Plaintiffs related to this Corporation.

According to the above agreement, the plaintiff A and B paid 680,178,720 won to the defendant company or paid 680,178,720 won to the defendant company, or paid 680,000 won to the defendant company or the

E. Since then, the Plaintiff Company paid KRW 62,418,00,000 including value-added tax on the tax invoice of KRW 70 million already issued by the Defendant Company and value-added tax on KRW 554,178,484 out of the adjusted construction cost, to the Defendant Company via Defendant E, the representative director of the Defendant Company, until January 22, 2010.

F. Accordingly, the Defendant Company issued a tax invoice of KRW 554,178,484 to the Plaintiff Company through the construction of the limited liability company M&A. However, the Plaintiff Company requested correction of the said tax invoice at the tax office to be a processing invoice, and the value-added tax paid to Defendant E is assessed against the Plaintiff.

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