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1. The Plaintiff:
A. As regards Defendant B’s KRW 130,000,000 and its KRW 30,000,000, Defendant B, from December 20, 2018,
Reasons
1. Basic facts
A. On September 10, 2018, the Plaintiff entered into a contract for construction works (hereinafter referred to as “contract for construction works of this case”) with Defendant C Co., Ltd. (hereinafter referred to as “Defendant C”) under the terms and conditions that the construction period for painting construction among the construction works for new urban-type housing in Seo-gu, Seo-gu, Gwangju, and the F City Residential Housing Construction (hereinafter referred to as “Defendant B”) is fixed from September 10, 2018 to January 31, 2019, and the construction cost of KRW 330 million (including value-added tax) and entered into a contract for construction works (hereinafter referred to as “contract for construction works of this case”). On November 3, 2018, the Plaintiff entered into a contract with the Defendant C Co., Ltd. (hereinafter referred to as “Defendant C”) with respect to painting construction period from November 3, 2018 to January 31, 2019 to KRW 200,000 (hereinafter referred to as “instant contract”).
B. In relation to the instant contract for construction works, Defendant B issued, on November 30, 2018, a tax invoice of KRW 200 million (tax amount of KRW 20 million) to the Plaintiff, and on December 1, 2018, a tax invoice of KRW 100 million (tax amount of KRW 10 million) to the Plaintiff, respectively, and Defendant C issued, on November 30, 2018, a tax invoice of KRW 200 million (tax amount of KRW 20 million) to the Plaintiff regarding the instant contract for construction works.
C. On December 19, 2018, the Plaintiff paid KRW 130 million in total to Defendant B, as the contract price for the instant painting construction work, and KRW 20 million in total, as the contract price for the instant painting construction work, on February 13, 2019. On January 25, 2019, the Plaintiff paid KRW 20 million to Defendant C as the contract price for the instant painting construction work.
However, the Defendants did not perform each of the construction works in accordance with the instant contract for damping construction works and the painting construction contract.
E. The Plaintiff reported the purchase of each tax invoice issued by the Defendants as above in 2018, but received a tax invoice from the purchaser on June 10, 2019 without supplying goods.