(영문) 광주지방법원 2018.02.07 2016가단501878

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(영문) 광주지방법원 2018.02.07 2016가단501878

공사대금

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On April 19, 2013, the Defendant: (a) entered into a construction contract with the ordering person C and D to set up a contract for construction works as KRW 7,700,000 (including value-added tax) and from April 22, 2013 to November 22, 2013; and (b) entered the terms and conditions of electricity, telecommunication, and fire-fighting construction into separate construction for estimate terms.

B. On May 6, 2013, the Plaintiff entered into a subcontract agreement with the Defendant, the principal contractor, setting the construction cost of KRW 269,50,000 (including value-added tax) and the construction period from May 6, 2013 to November 22, 2013.

(hereinafter, the above fire fighting construction works are "the instant construction works," and the said subcontract contract is "the instant subcontract contract."

The Plaintiff completed the instant construction, and on January 3, 2014, a certificate of completion inspection of the fire-fighting system was issued to the instant construction.

C, D, and the Plaintiff and the Defendant drafted a direct payment agreement with the following contents on June 5, 2014:

- The name of the subcontractor - The amount of direct payment of the subcontract price for the fire-fighting project among the E projects: 269,500,000 won: 64,300,000 won for the subcontractor (C and D) shall be paid in preference to the unpaid wage (F and six others 12,610,000 won) which shall be paid to the subcontractor (Plaintiff).

E. The Plaintiff was paid KRW 269,500,000 for the instant construction cost.

F. The Plaintiff issued a tax invoice with a total of KRW 244,99,997 to the Defendant during the taxable period of February 2, 2013 and January 2014 in relation to the instant construction project, and the Defendant reported this to the tax office.

[Reasons for Recognition] Facts without a partial dispute, Gap evidence 1, 2, 6 evidence, Eul evidence 1 and 2, part of witness C's testimony, order and reply of submission of tax information by the director of the Gwangju Tax Office, and purport of whole pleadings

2. The parties' assertion and judgment

A. The plaintiff's assertion 1) The plaintiff is based on the design drawings prepared by the architect G.

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