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(영문) 청주지방법원 2018.04.12 2017나12869
공사대금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The Plaintiff is an individual entrepreneur who is engaged in the manufacturing of freezing and refrigerating equipment with the trade name of “E”, and D is an internal director (representative) of Defendant B Co., Ltd. (hereinafter “Defendant B”) and the representative director of Defendant C Co., Ltd. (hereinafter “Defendant C”).

Section 2 of the D Contract for Construction is indicated as “B representative director D”, and Section 5 as “B representative director D”, and each of the D’s seals are affixed. On January 16, 2015, the Plaintiff concluded a contract with the period from January 14, 2015 to February 15, 2015, with the amount of KRW 341,00,000 (including value-added tax; KRW 30% on the contract date; KRW 40% on the part of the intermediate payment; KRW 30% on the part of the intermediate payment; and KRW 30% on the remainder after the trial operation); and the period of construction from January 14, 2015 to February 15, 2015.

(hereinafter “instant contract”). (b)

Of the above construction costs, D paid KRW 184,00,000 on January 19, 2015, and Defendant B paid KRW 70,000,000 on February 11, 2015, and KRW 48,000 on February 17, 2015, KRW 6,000,000 on March 16, 2015, and KRW 184,00,000 on June 22, 2015 by Defendant C, respectively, to the Plaintiff. On May 31, 2015, Defendant C issued a tax invoice for the said construction price to Defendant C.

C. Around February 2015, the Plaintiff installed freezing equipment at the instant freezing, and (2) the Plaintiff concluded a subcontract for the construction of the freezing storage to replace and repair the heat level of the instant freezing storage by setting the 10,120,000 won for the heat-proof fish manufacturing company, which is mutually heatingly called “F,” and F performed the construction of replacing the heat-proof fish of the first floor on the ground of the instant freezing storage, and converting the 12 opening and closing system (4 underground floors, the 4th floor, the 4th floor on the ground, the 4th floor on the ground, and the 4th floor on the ground) by the total heat-proof.

On March 25, 2015, the Plaintiff entered into a subcontract for the construction of heating and replacing construction works for heating and replacing the heat of the underground floors of the freezing warehouse of the instant case with a price of KRW 7,700,000. However, the Plaintiff was on July 2, 2015 while the said Samjin Company was performing the heating and replacing construction works for heating and fishing from June 30, 2015.

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