beta
Text
1. The plaintiff's claim of this case is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is engaged in wholesale and retail business of building materials under the trade name of C, and the Defendant is a company established for the purpose of soil construction business, reinforced concrete construction business, etc.
B. On December 26, 2013, the Hanjin Construction Co., Ltd. contracted a part of the construction cost of the DD at the time of door-to-door construction as KRW 794,093,00, and then subcontracted a part of the construction work to the Defendant around that time. On March 31, 2014, the Defendant subcontracted a part of the construction work to the Defendant. On March 31, 2014, the E (the title holder of the business registration is F but the de facto operator is the husband’s husband; hereinafter “E”) determined the construction cost of reinforced concrete as KRW 312,00,000.
C. On November 1, 2013, the following construction company contracted part of H development works from Sung-gun with the construction cost of KRW 2.3 billion, and around that time, subcontracted part of the construction work to the Defendant. On March 31, 2014, the Defendant subcontracted part of the construction work to E with the construction cost of reinforced concrete as KRW 910 million.
On May 31, 2014, the Plaintiff entered into a contract to lease construction materials with E, and accordingly, leased construction materials from the construction site of the Gyeong-si and Sung-gun (hereinafter “instant construction work”) from June 2014 to February 28, 2015.
E. From September 30, 2014 to February 28, 2015, the Plaintiff issued a tax invoice of KRW 204,698,44 (= KRW 54,016,515,516,515,613,224 won, KRW 15,852,831 won, KRW 18,384,807 won, KRW 14,418,844, KRW 17,252, KRW 13,023,472 won, KRW 15,583,198).
[Ground of recognition] Facts without dispute; Gap evidence Nos. 1, 2, 3, 5 through 31; Eul evidence Nos. 1 through 4 (including paper numbers); Eul witness G's witness G testimony; fact-finding in the time of Masong-gun, the purport of the whole pleadings;
2. The assertion and judgment
A. The Plaintiff, as the cause of the claim, shall first lease construction materials between E and the subcontractor for the instant construction work.