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(영문) 대구지방법원 2015.09.09 2015나4199
물품대금
Text

1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.

The defendant.

Reasons

1. Basic facts

A. The Defendant is a company that contracted the construction of new housing, etc. to B while performing the construction of new housing, etc. in the Hanju-si, and the Plaintiff supplied building stones to the said new construction site that B contracted by the Defendant.

B. On March 10, 2013, the Plaintiff issued a trading list of KRW 77,082,280, which supplied the stone at the construction site of the 7th floor of the 2013 B and the Defendant’s

C. On July 4, 2013, the Plaintiff issued a trade report stating that he/she supplied stone of KRW 18,045,50 at the construction site of “original 7th floor officetel” (hereinafter the “instant secondary stone”), and ② the Plaintiff issued a tax invoice of KRW 18,045,50 on the same day with the Defendant as the recipient of the instant secondary stone as indicated in the trade report as of July 4, 2013.

On July 5, 2013, the Defendant paid 13,706,000 won out of the secondary stone price to the Plaintiff.

① On July 25, 2013, the Plaintiff issued a trading statement that the Plaintiff supplied stone of KRW 1,863,939 at the construction site of “the 7th floor officetel in the prime city” (hereinafter referred to as “the third building stones in the instant case”), and ② the same year.

8. 31. The person who is supplied with the Defendant issued a tax invoice of KRW 1,863,939.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 4 (including paper numbers), the purport of the whole pleadings

2. The assertion and its judgment

A. Determination on the assertion of responsibility as a contracting party

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