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(영문) 대전지방법원 2017.02.03 2016나105754
공사대금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The party’s assertion 1) The Plaintiff Han-Tech Co., Ltd. (hereinafter “Korea Light”)

(A) On July 31, 2015, the Defendant’s automatic control works from the boiler Corporation (hereinafter “instant works”).

(2) Around November 30, 2015, the Plaintiff agreed to perform the instant construction work between Han-gu and Han-gu. The Plaintiff completed the instant construction work and agreed to receive the payment of the said construction cost from the Defendant. Therefore, the Defendant is liable to pay the said construction cost to the Plaintiff. (2) The Defendant merely contracted the instant construction to B (representative C) including the instant construction work, and did not conclude a contract between Han-gu and Han-gu, and did not agree to pay the said construction cost to the Plaintiff.

2. According to the overall purport of the statements and arguments as to Gap evidence Nos. 1 through 6, the defendant issued an electronic tax invoice claiming supply price of KRW 12,00,000, value-added tax 13,200,000 to the plaintiff on November 30, 2015 after completion of the construction work in this case on November 30, 2015; the defendant filed a civil petition against the plaintiff on the payment of the construction work in this case to Eul; the defendant and Han Light-gu, who are ordered to receive payment of the construction work in this case from the defendant; and the plaintiff filed a civil petition against the plaintiff on the payment of the construction work in this case to Eul; the defendant, despite having been dispatched to the plaintiff on February 17, 2016, is not the plaintiff's allegation that the contract price was to be paid to the plaintiff on December 31, 2015.

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