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(영문) 서울남부지방법원 2020.08.28 2019가단222953
부가가치세 청구
Text

All of the plaintiff's claims are dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. C Co., Ltd. (hereinafter “C”)’s claim for construction price against the Defendant; 1) The Defendant contracted for construction works, such as storage, etc. located in Echeon-si; and around April 15, 2013, among them, included the “C Corporation” in the construction cost amounting to KRW 119 million in the second floor of the steel framed warehouse (see, e.g., evidence No. 9). (hereinafter, “instant construction work”).

B) C subcontracted the construction cost of KRW 1.155 million (including value-added tax) to C. (2) C supplied steel materials, etc. from various companies including the Plaintiff, and performed the construction work at the instant construction site, etc., and was in default on February 19, 2014.

B. The Plaintiff’s claim against C and his claim against C were acquired from October 2013 to January 2014, the Plaintiff supplied steel products, such as KRW 1.4,816,827, Oct. 31, 2013, KRW 318,15,810, Oct. 31, 2013, KRW 516,205,281, KRW 340,253,126, KRW 340,253,126, and KRW 1.45,000,000,000,000,000 won (including value-added tax) to C as security; around November 4, 2013, the Plaintiff was issued a promissorysory note with KRW 516,205,00,000 on Nov. 30, 2014 as security; and the Plaintiff was issued with a promissory note issued on Oct. 14, 2014>

(Then, on April 14, 2014 and February 24, 2014, C transferred the instant claim for construction cost against C to the Plaintiff, one of its creditors, on January 15, 2014, and notified the Defendant of the transfer by mail, and the notice of transfer was issued to the Defendant on January 16, 201. However, the Plaintiff and C’s transfer of the construction cost contract entered into between the Plaintiff and C (as stated below, the claim subject to transfer was transferred).

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