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(영문) 대구지방법원 2017.08.25 2016가합207397
양수금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. C Co., Ltd. (hereinafter referred to as “C”) purchased and supplied the construction cost of the E Hot Spring Construction Work, which took effect from the Defendant on February 3, 2012 at the Dari-ri Island (hereinafter “instant hot spring Construction Work”) from the Defendant during the construction period from February 5, 2012 to October 30, 2013.

B. From July 16, 2012, F was subcontracted for electrical construction among the instant hot spring construction works (hereinafter “instant electrical construction”) by setting the construction cost of KRW 250,80,000 and the construction period from July 16, 2012 to August 30, 2013.

C. From July 11, 2012 to August 19, 2013, the Defendant paid KRW 2 billion for the instant hot spring construction cost to the financial account in the name of G’s wife H, which is the actual owner of C or C, as follows. From June 17, 2013, the same year:

9. up to 30.30. A tax invoice for KRW 1.75 billion was issued by C out of the above KRW 2 billion.

5. Of 10. 11. 10, 50, 200. 20. 10, 20. 20. 10, 200, 30. 10,000, 30. 10,000 on September 28, 2012; 40. 6. 30,00 on December 3, 2012; 40. 6. 6. 0, 200, 30. 6. 10,00 on December 3, 2012, 200; 40. 6. 6. 30,00 on May 3, 200, 200 on the account under the name of 0. 6. 30,00 on January 25, 2013;

D. F shall complete the instant electrical construction including an additional construction around October 2013, and around August 25, 2016, the Fair Transactions in Subcontracting Act (hereinafter “subcontract”) applies to the Defendant.

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