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1. Defendant D’s KRW 98,00,000 and the Plaintiff’s annual rate of KRW 5% from December 28, 2018 to September 5, 2019.
Reasons
1. Basic facts
A. A contract for construction work 1) Defendant Rehabilitation Obligor B Co., Ltd. (hereinafter “Defendant Company”)’s lawsuit taking over the lawsuit of Defendant Rehabilitation Obligor B Co., Ltd.
(C) On March 8, 2015, G Co., Ltd. (hereinafter “G”) intended to construct a building on the F land in the Seocho-gu, Changwon-si.
(2) G entered into a subcontract with Defendant D, who engages in construction business with the trade name “H” on June 1, 2015, for the construction cost of KRW 3.41 billion (including value-added tax) and the construction period of KRW 8.25 billion (including value-added tax) and from March 15, 2015 to September 30, 2015.
3) The Plaintiff, among the interior works subcontracted by Defendant D, is a 2 and 3rd wall tin work (hereinafter “instant construction”).
B. (B) On December 1, 2015, the Plaintiff issued a tax invoice of KRW 110 million (10 million in value supply, value-added tax, KRW 10 million in value-added tax) to the person who is supplied with the Defendant Company to a certain extent, which was completed by the Corporation, and revoked it, and issued a tax invoice of KRW 110 million in value-added tax to the person supplied with Defendant D.
2) On December 27, 2015, the Plaintiff issued a tax invoice of KRW 143 million (the supply price of KRW 130 million, value-added tax of KRW 13 million, value-added tax of KRW 13 million) to the person who is supplied with Defendant D, and on the same day, issued a tax invoice of KRW 88 million (the supply price of KRW 80 million, value-added tax of KRW 8 million, value-added tax of KRW 8 million) to the person who is supplied with Defendant D. 3) on the same day. Defendant D transferred the tax invoice of KRW 100 million to the Plaintiff on February 5, 2016, and KRW 50 million on June 9, 2016, and paid KRW 100 million as construction price.
C. On July 27, 2017, Defendant Company filed an application for corporate rehabilitation with this Court 2017 Ma10033 on July 27, 2017, and the following procedures were followed, and the rehabilitation procedure was completed on January 24, 2019.
1) March 16, 2018, 201.