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(영문) 대구지방법원 2016.12.23 2016가단22285
공사대금
Text

1. The defendant shall set forth the following as follows: 16,50,000 won and 16,500 won and the representative's environmental industry.

Reasons

1. Basic facts

A. The Defendant, as a company engaged in civil and construction work, contracted the construction of dormitories for D High Schools and other construction work from the Daegu-si Office of Education, to execute them.

(hereinafter “instant construction project”). (b)

As at the construction site of this case, inter-culco Korea Co., Ltd., Ltd., the Appointee Co., Ltd., the construction page disposal corporation, the representative Co., Ltd., and the representative Co., Ltd., the third party Co., Ltd. performed the glass construction, and the third party Co., Ltd., the third party Co., Ltd., the third party Co., Ltd. leased the third party Co., Ltd., the third party Co., Ltd., and the third party Co., Ltd. (the party

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 12, the purport of the whole pleadings

2. The parties' assertion

A. Upon the Defendant’s request, the Plaintiff and the designated parties asserted that the Plaintiff (appointed parties; hereinafter referred to as the “Plaintiff”) performed some construction works upon entering into a subcontract at the construction site of the D High School that the Defendant performed, supplied materials, or rented construction machinery.

Therefore, the defendant is obliged to pay the above subcontract price, material price, machinery user fee, and delay damages to the plaintiff and the designated parties.

B. Defendant’s assertion 1) Since the Defendant subcontracted the entire construction of the instant construction to Korea Heavy Construction Co., Ltd., the Defendant did not conclude a subcontract agreement with the Plaintiff and the designated parties or requested the supply of construction materials. 2) The Plaintiff and the designated parties executed the construction work.

There is a false tax invoice in which a significant part of the claims that the subcontractor supplied or claimed that the subcontractor had actually executed a subcontracted project or supplied materials is the same as that of the said supply.

3. Therefore, there is no reason to claim against the defendant by the plaintiff and the designated parties.

3. Determination

A. In the instant case, the contract for the construction with the Plaintiff and the designated parties is concluded.

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