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(영문) 수원지방법원 2018.10.31 2017가합21766
공사대금
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. Plaintiff A is an individual entrepreneur engaged in construction business, etc. with the trade name of “F”, Plaintiff C is a building material wholesale/ retail business, etc., Plaintiff B is a trade name of “H”, Plaintiff B is a main and office household manufacturing business, etc., and Plaintiff D is an individual entrepreneur engaged in construction business, etc. under the trade name of “I”.

The defendant is a corporation conducting construction business, etc., which newly constructs and sells houses on the land outside J of Suwon-gu, Suwon-si and five parcels.

(hereinafter referred to as the “instant construction”) B.

1) On March 14, 2016, Plaintiff A supplied the construction materials, etc. at the instant construction site, and issued each tax invoice of KRW 110,00,000 in total (including value-added tax) on September 55, 2016, and KRW 10,000,000 (including value-added tax) on September 7, 2016, and received KRW 10,000 from Defendant on September 12, 2016, Plaintiff C supplied the construction materials, etc. (T) at the instant construction site, and received each tax invoice of KRW 10,00,000 from Defendant on May 20, 2016 (including value-added tax), KRW 16,50,000 (including value-added tax), KRW 18,702,00 (including value-added tax), KRW 200,000 (including value-added tax); and Defendant C received each of the tax invoices issued from Defendant C on June 2228, 2016, 2005

3) Plaintiff B supplied main materials, etc. at the instant construction site, and issued a tax invoice of KRW 8,800,000 (including value-added tax) on June 6, 2016 in the Defendant’s future. On September 12, 2016, Plaintiff D received KRW 8,800,000 from the Defendant during the instant construction project, and Plaintiff D issued a tax invoice of KRW 2,200,000 (including value-added tax) on September 24, 2016 to the Defendant on September 12, 2016.

C. Meanwhile, as to the instant construction project on September 15, 2015, the Defendant and K indicated in the draft of the K Agreement between the Plaintiff and the beneficiary as “K in charge of construction: the beneficiary”.

The term "recipient (contractor) of the end of the contract" shall be in the blank.

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