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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The Plaintiff asserted by the parties, from around 2009 to 2013, that the Defendant provided all of the services after receiving a subcontract from the Defendant for the total amount of KRW 8,029,086,481, the Plaintiff sought payment against the Defendant, asserting that from 2010 to 2013, the Defendant did not pay the total amount equivalent to the value of the tax invoice issued by the Plaintiff in relation to the above services and paid part of the amount of KRW 208,113,014, out of the amount of the service.
In this regard, the defendant asserts that since the plaintiff agreed to pay 3% of the value-added tax, out of the cleaning security service costs within the eternic City, the defendant paid the service price after deducting the above 3% of the value-added tax to the defendant.
2. Determination
A. The following facts are recognized, based on each description of Gap evidence Nos. 1-9, Eul evidence Nos. 1-17 (including each number), and the purport of the whole pleadings.
(1) The Defendant was established pursuant to the Act on the Establishment of Associations by Persons, etc. of Distinguished Services to the State (hereinafter “Act on Persons, etc. of Distinguished Services to the State”), and obtained approval from the Minister of Patriots and Veterans Affairs for profit-making activities, such as cleaning expenses, etc. around December 1998 pursuant to Article 7-2(1) of the Act on Persons, etc. of Distinguished Services to the State and Article 4 of the Rules on Profit-Making Business of Persons, etc. of Distinguished Services to the State. The Plaintiff was established for the purpose of sanitary management
(2) Around December 2002, the Defendant: (a) designated the head of the Gyeonggi-do Branch as the project executor and delegated his/her authority to the Gyeonggi-do Branch; (b) concluded a service contract with the Plaintiff on January 8, 2010 (hereinafter “instant service contract”); and (c) the Defendant had renewed the instant service contract with the same content until January 2013.
Article 1 (Purpose) The main business of the Association, the Gyeonggi-do Branch, and the Association.