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(영문) 제주지방법원 2019.10.23 2018나12292
공사대금
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the money ordered to be paid below shall be revoked.

Reasons

1. Facts of recognition;

A. The relationship between the parties 1) The Plaintiff is a corporation established on August 30, 2012 for the purpose of metal assembly and creative construction business, agricultural materials wholesale and retail business, etc., and the representative director is H. 2) D Co., Ltd. (hereinafter “D”) is a corporation established on March 3, 2006 for the purpose of metal structure, creative construction business, etc., and I, the representative director of which is a person in a de facto marital relationship with the above H.

3) Co., Ltd. F (hereinafter “F”).

) As a corporation established on October 21, 2013 for the purpose of metal assembly and creative construction business, the representative director is the above H. 4) The head office of the plaintiff, D and F is both J and three floors in Seopo City.

B. Around January 2014, the Plaintiff and the Defendant entered into a contract for a construction project with respect to the facility construction on the part of the Defendant’s land, on which the Defendant would receive subsidies from Jeju Special Self-Governing Province, with respect to which the contract amount was KRW 52,50,000, and the construction period was from February 1, 2014 to May 30, 2014 (the contract amount was reduced to KRW 51,394,00,000).

hereinafter “instant construction contract”

(2) Around January 2014, D entered into a purchase contract with the Defendant for the purchase of goods necessary for the construction of the said cargo facilities with the amount of KRW 145 million.

(3) The Defendant was sentenced to six years of imprisonment on September 12, 2014 by deceiving the victims, including the Defendant, to receive the State subsidy even though there is no facility voucher business that provides the State subsidy, and by deceiving the victims, including the Defendant, to receive the State subsidy. (4) The Defendant was sentenced to six years of imprisonment on September 12, 2014.

(No. 2014 Highest 371). (c)

On February 1, 2014, the Plaintiff, including the issuance of the Plaintiff’s tax invoice, issued an electronic tax invoice of KRW 52,50,000 to the Defendant.

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