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(영문) 대구지방법원 2015.11.10 2014가단56246
공사대금
Text

1. The Defendant’s KRW 21,640,00 for the Plaintiff and KRW 20% per annum from December 18, 2014 to September 30, 2015.

Reasons

1. Basic facts

A. On December 2013, the Defendant received a subcontract for electrical construction among new construction works from Nsia Co., Ltd. to B (hereinafter “instant electrical construction”) from Nsia Co., Ltd., Ltd., and subsequently subcontracted the said electrical construction to C in a lump sum.

B. On June 13, 2014, the Plaintiff entered into a construction contract (hereinafter “instant construction contract”) with C, which the Plaintiff wishes to entrust the construction of solar power generation facilities with the construction cost of KRW 48.4 million (including value-added tax, KRW 44 million, value-added tax, value-added tax 4.4 million), among the above electrical construction works, from the Defendant (However, as a total of KRW 1.6 million is reduced by 1.6 million (i.e., the value-added tax was changed to KRW 42.4 million, value-added tax, value-added tax 4.24 million, total amount of KRW 46.64 million), and completed this.

C. On June 13, 2014, the Plaintiff received KRW 5 million directly from the Defendant, and on September 5, 2014, the depositee received KRW 20 million from the Plaintiff’s agricultural bank account as “human park”. This merely stated “human park” as the depositee while remitting money by C, and the Defendant did not directly remit the money to the Plaintiff.

The Plaintiff issued respectively an electronic tax invoice of KRW 5 million, which was the sum of June 12, 2014, KRW 20 million on September 2, 2014, and KRW 20 million on October 25, 2014, respectively, with the Plaintiff and the recipient as the Defendant, and the Defendant was issued via C.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 8 (if there are additional numbers, including each number; hereinafter the same shall apply), Eul evidence 2 through 5, and 9, witness D's partial testimony, the purport of the whole pleadings

2. The parties' assertion

A. Since C, who is the site manager of the Defendant’s assertion, concluded the instant construction contract on behalf of the Defendant, the Defendant is obligated to pay the unpaid construction cost to the Plaintiff as a party to the contract. If C does not have the right to represent the Defendant.

Even if the defendant is the defendant.

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