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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 is a corporation that leases and sells household building materials, and the Defendant is a corporation that carries on construction business, soil construction business, reinforced concrete construction business, etc.
B. On March 20, 2015, the Defendant subcontracted the installation work, molding work, and steel reinforced work, among the new construction works ordered by the Korea Electric Engineers Association in A (hereinafter “instant construction work”), to D in KRW 545,90,000, while entering into a subcontract with C companies. On October 1, 2015, the Defendant subcontracted the said construction work to D for construction cost of KRW 40,000,000.
E is the head of the tree team of the instant construction project that has been re-subcontracted from D.
(c) On April 25, 2015, the details of leased articles with the F Company E and G Company H as a lessee on April 25, 2015: The temporary materials, fry collection, lease period from April 25, 2015 to August 15, 2015, and the place of delivery: Jeju.
A. After confirmation of delivery, a lease contract was concluded with the content of approval in cash within 30 days from the date of request (hereinafter “instant lease contract”).
[Ground of recognition] Facts without dispute, Gap evidence Nos. 3, Eul evidence Nos. 2 and 3, the purport of the whole pleadings
2. Purport of the parties’ assertion;
A. Although the Plaintiff entered into the instant lease agreement with the Plaintiff, the Plaintiff entered into an agreement with the Defendant on the issuance of the tax invoice to the Defendant, and agreed that the Defendant paid the above amount to the Plaintiff. As such, the Defendant from May 2015 to the Plaintiff.
8. A tax invoice issued by up to 31 is obligated to pay 47,813,188 won, and 48,573,203 won, plus 96,386,391 won and damages for delay calculated at the rate of 15% per annum from March 19, 2016 to the date of complete payment.
B. The Defendant did not enter into the instant lease agreement with the Defendant, and the issuance of the tax invoice is a matter of agreement with D with the Defendant, and the Defendant shall pay the construction price to D.