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(영문) 대전지방법원 2019.06.13 2016가단226674
공사대금
Text

1. The Defendant’s KRW 115,455,739 as well as the Plaintiff’s KRW 6% per annum from April 15, 2014 to December 29, 2016.

Reasons

1. Facts of recognition;

A. The defendant is a company running electrical construction business, etc., and D, a representative director C's husband and in-house director, is practically operating.

B. The Defendant received contracts from social welfare foundation E to ① Fire Fighting Construction Construction Construction Construction Construction Construction Construction Construction Construction Construction Construction Construction Construction Construction Construction Construction Construction Construction Construction Construction Construction Construction Construction Construction Construction Construction Construction Construction Construction Construction Construction Construction Construction Construction Construction Construction Construction Construction Construction Construction Construction Construction Construction Construction Construction Construction Construction Construction Construction Construction Construction Construction Construction Construction Construction Construction Construction Works Construction Construction Construction Construction Construction Construction

C. The Plaintiff, a company operating a mechanical facility construction business, etc., concluded a subcontract agreement with the Defendant regarding the said (1) through (4) and completed each subcontracted work upon receiving data on the construction from the Defendant or receiving work instructions.

(hereinafter referred to as “each of the subcontracted projects in this case”) performed by the Plaintiff in relation to the said projects.

Upon D’s request, the Plaintiff issued a tax invoice to the Defendant, Defendant I (hereinafter “I”) and J Co., Ltd. (hereinafter “J”) for each of the instant subcontracted projects as listed in the following table:

(1) Each of the following tax invoices is classified as “net tax invoices”, and the tax invoices Nos. 1 through 7 are collectively referred to as “each of the instant tax invoices”). 1 I on February 5, 2014: (i) on April 14, 2014, 35,185,300, 18,000,000 for the Construction Work for the Construction Work for the Construction Work for the Construction Work for the Long-Term Care Center; (ii) on April 14, 2014; (iii) on April 14, 2014, Defendant 168,6030; (iv) on April 14, 2014; (v) on 18,268; (v) 18,240; (v) 268; 240; 2404; and (v) on 308,508,405,51, 2014.

2. The assertion and judgment

A. The plaintiff alleged by the parties in this case respectively.

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