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1. The Defendant’s KRW 93,553,475 as well as 6% per annum from September 1, 2013 to May 15, 2015 to the Plaintiff.
Reasons
1. Facts of recognition;
A. On July 30, 2012, the Defendant awarded a contract for C Formation Project awarded a contract for the instant construction project (hereinafter “instant construction project”) on the ground of the PP at the time of the PP, and subcontracted the contract amount of KRW 259,600,000 to Nonparty D Co., Ltd. (hereinafter “Nonindicted Company”).
However, since the defendant company could not subcontract to the non-party company externally, the defendant company employed E, who was an employee of the non-party company, as the field director of the defendant company, and actually carried out the construction of this case, but the tax invoice for the non-party company participating in the construction of this case was issued in the name of the defendant company and paid the price directly to the company.
B. The Plaintiff’s Intervenor who participated in the construction work of the Plaintiff’s Intervenor (hereinafter “ Intervenor”) is a person who engages in the construction equipment leasing business under the trade name of “F.” The Plaintiff’s Intervenor leased construction equipment from September 11, 2012 to June 11, 2013 at the instant construction site.
In the process, the supplementary intervenor issued a tax invoice from September 28, 2012 to July 18, 2013 as follows, and the defendant paid the price as follows:
The issue date of invoice and the total amount of tax payable on September 28, 2012; 25,042,600 on October 25, 2012; 11,292,00 on November 11, 2012; 292,00 on October 31, 2012; 41,074,000,000 on October 31, 201, 200; 30. 50,3049, 205. 30,6. 30,049, 205; 30. 30,005; 40. 4. 1, 205; 30. 91, 30,91, 203, 205; 30,50,000 on November 23, 2012; 5, 2013;
C. On August 28, 2014, the Intervenor for disposition on default against the Intervenor for the payment of delinquent taxes failed to pay a total of KRW 12 national taxes, including value-added tax and global income tax, which is KRW 190,067,650, and on March 26, 2014, the head of the Goyangyang District Tax Office affiliated with the Plaintiff attached the sales claim held by the Intervenor against the Defendant and seized it to the Defendant on March 28, 2014.