(영문) 인천지방법원부천지원 2016.06.22 2015가합103776

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Reasons

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크기(pt)

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자간(%)

(영문) 인천지방법원부천지원 2016.06.22 2015가합103776

손해배상(기)

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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. The Plaintiff concluded a contract with the Defendant for the construction work of the ground kindergarten building B in Nam-gu Incheon Metropolitan City (hereinafter “instant building”), and drafted three contracts as follows.

(1) The construction period referred to in subparagraph 2-1 of the contract for construction works as of July 23, 2014: The construction period: May 28, 2014; the completion of construction works; October 18, 2014; 2,105,000,000 won (the supply price of KRW 2,140,000,000, value-added tax, KRW 65,000,000), ② The construction period referred to in the contract for construction works as of May 15, 2014 (Evidence 2-2): Commencement: 20,000,000,000 won for construction works on October 15, 2014; 30,000,000 won for construction works (value-added tax);

B. The Plaintiff constructed the instant building, and the Defendant completed the registration of ownership preservation on November 18, 2014.

C. On March 30, 2015, the Defendant sold the instant building and site to C, and when filing a transfer income tax report, the Defendant submitted a contract (2,105,000 won for construction work) to the tax authority.

The Plaintiff reported value-added tax for the taxable period from January to February 2, 2014, and submitted a three contract (660,000,000 won for construction work) to the tax authority. On August 31, 2015, the Director of the Gangwon Tax Office notified the Plaintiff of the verification of the value-added tax site, and the Plaintiff was selected as the subject of the consolidated investigation of the corporation as a result of the on-site verification.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, and 6 (including branch numbers), the purport of the whole pleadings

2. The summary of the plaintiff's assertion and the contract entered into between the plaintiff and the defendant are three true contracts, and the contract is entered into as a true contract, and (1) the contract is entered into as a bank loan and has no effect.

(3) The plaintiff shall undertake construction works in 660,000,000 won from the defendant in accordance with the contract.

유사 판례

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