beta
Text
1. The Defendant: 3,924,272 won to the Plaintiff (Appointed Party); 33,677,600 won to the Appointed C Co., Ltd. and each of the said money.
Reasons
1. Facts of recognition;
A. D Co., Ltd. (hereinafter “D”) contracted the construction of roads E (hereinafter “instant construction”) from Changwon-si, Changwon-si and subcontracted part of the instant construction to the Defendant.
B. Plaintiff A, who runs the wholesale and retail business of safety materials, etc. with the name of “F”, concluded a supply contract with the Defendant to supply safety materials to be used for the instant construction, and supplied safety materials to the Defendant from April 2013 to March 2014, but did not receive the price of goods related to safety materials supplied from December 2013 to March 2014 (hereinafter “the price of the instant goods”).
C. In addition, Plaintiff C (the wife of Plaintiff A is in charge of the representative director) entered into a contract for the installation of safety facilities for the instant construction (hereinafter “instant installation contract”) with the Defendant, and performed the installation of safety facilities from December 2, 2012 to April 2014, but did not receive the construction cost (hereinafter “construction cost”) for the construction that was implemented from February 2014 to April 2014.
Meanwhile, even if Plaintiff A did not supply goods or services to the Defendant as follows from April 2013 to November 2013, 2013, by deceiving the Defendant by issuing a false tax invoice as if it were supplied, and by deceiving the Defendant, total amount of KRW 62,646,760 [2,750,00 ( KRW 4,40,00 x 7 times) 27,446,760 x 1,650,00 won] was convicted of the Defendant on May 10, 2017 due to the foregoing criminal facts.
(C) In the event that the Plaintiff filed an appeal against the Plaintiff’s appeal against the Changwon District Court No. 2016 High Court Decision 2017No1387, Jun. 21, 201, the Plaintiff filed an appeal against the said judgment, and the appeal proceedings are pending in the appellate trial as of the present Changwon District Court Decision No. 2017No1387.