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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The Plaintiff asserts that the Defendants are obligated to pay each of the above ready-mixeds and delay damages on December 31, 201 to Defendant Shee, even though the Plaintiff supplied each of the above ready-mixeds amounting to KRW 53,285,760 on December 31, 201 to Defendant Shee, and the Defendants are obligated to pay each of the above ready-mixeds and delay damages to Defendant A, respectively, on December 31, 2011.
According to each description of Gap evidence No. 1-2, Gap evidence No. 2-1 through 4, Gap evidence No. 3, and Gap evidence No. 4-1 through 3, the plaintiff is deemed to have issued a tax invoice stating the amount equivalent to the above ready-mixed price to the defendants, but it is not sufficient to recognize that the plaintiff supplied the defendants with ready-mixed as above, and there is no other evidence to prove otherwise.
Rather, according to the overall purport of evidence Nos. 1-2 and 1-2, witness C and D’s testimony and arguments, the Defendants can only recognize the fact that they received false tax invoices from the Plaintiff without actual transactional relationship for the purpose of avoiding liability for value-added tax payment or getting refund of value-added tax when they reach the reporting period of value-added tax. Thus, the Plaintiff’s primary assertion different from this premise is without merit.
2. The Plaintiff’s conjunctive cause of the conjunctive claim is the conjunctive, and the Defendants permitted Nonparty C, etc. to run the business using the Defendants’ name or trade name in the supply of ready-mixed from the Plaintiff. Thus, the Defendants asserted that they are liable to pay each of the above ready-mixed amount to the Plaintiff who misleads the Defendants as business owner pursuant to Article 24 of the Commercial Act, but the Defendants’ statement of No. 4-1 and testimony of the witness C are alone made by Nonparty C, etc.