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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. Facts of recognition;
A. On January 23, 2009, Suwon District Court Decision 2008hap44 decided to commence rehabilitation procedures and the Plaintiff was appointed as a custodian.
B. B. On September 2013, 2013, Es&A Co., Ltd. (hereinafter “Es&A”) re-subcontracted the construction cost for the construction of the sub-product food plant subcontracted by the Defendant to the Plaintiff at KRW 118,80,000 (including surtax; hereinafter the same shall apply).
C. On October 29, 2013, EPPH construction re-subcontracted to the Plaintiff with construction cost of KRW 29,700,000, the cudio cudio construction work for the main food plant subcontracted by the Defendant.
On November 21, 2013, EPH construction re-subcontracted the construction cost of 214,500,000 won to the Plaintiff, which was subcontracted by the Defendant on November 21, 2013.
E. On December 3, 2013, E.S. construction re-subcontracted to the Plaintiff at KRW 14,300,000 for the construction cost of the wastewater treatment plant of the Taewon Food that was subcontracted by the Defendant on December 3, 2013.
F. On January 9, 2014, EPH construction re-subcontracted to the Plaintiff for construction cost of KRW 128,700,000 for the remainder of the construction cost, which was subcontracted from the Defendant to the Free Panel of the Free Trade Zone (hereinafter referred to as “each of the instant construction works”).
G. On January 15, 2014, the Plaintiff agreed to pay the Plaintiff the construction cost of KRW 165,00,000,000, which was not paid from the construction of Es&A (hereinafter “the first agreement”) to the Plaintiff, among the aforementioned C&A construction work between the Defendant and Es&A construction work.
H. Pursuant to the first agreement, the Plaintiff issued an electronic tax invoice of KRW 165,00,000 on January 15, 2014 with the Plaintiff as the person to whom the Defendant was supplied. The Defendant filed the said electronic tax invoice with the tax office. The Defendant filed the said electronic tax invoice with the tax office, and the Defendant filed the said tax invoice with the Plaintiff on January 15, 200 on January 15, 2014.