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(영문) 수원지방법원 2016.12.13 2015가단22478
부가가치세 및 작업 인건비청구 등
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The plaintiff is a business operator who runs the civil engineering work and construction machinery and equipment leasing business in the trade name of "D". The defendants are business operators who run the business of building and selling electric housing complex on the land outside and outside 26 parcels of common population E, and the plaintiff was supplied with reinforcement block construction among the above electric housing complex construction work and performed construction work after receiving a supply of reinforcement block construction from the defendants, and completed construction work after receiving additional supply of reinforcement soil repair and sewage pipes construction work. The defendants paid the plaintiff KRW 115,028,00 to the construction cost. The defendants are not in dispute between the parties, or the purport of the argument in the statement in the statement in subparagraph 1 of Article 1 can be acknowledged.

2. The assertion and judgment

A. 1) The Plaintiff’s assertion 1) The construction cost of KRW 115,028,00 paid by the Plaintiff from the Defendants is the construction cost excluding value-added tax. The Defendants did not issue a tax invoice even because they did not pay value-added tax on the said construction cost to the Plaintiff. The Defendants imposed value-added tax and additional tax on the Plaintiff on the wind that the said construction cost was reported as necessary expenses in the course of their tax investigation, and the global income tax and local tax were additionally imposed. Accordingly, the Defendants are obliged to pay the Plaintiff the amount equivalent to the value-added tax unpaid to the Plaintiff and the global income tax and the amount equivalent to the local tax paid by the Plaintiff due to the Defendants’ non-payment of value-added tax. 2) The Defendants’ assertion made payment to the Plaintiff in total

B. The following circumstances are revealed by comprehensively taking account of the respective descriptions of No. 5-1, No. 2, and No. 1, and No. 5-2, and the purport of the entire pleadings, namely, the Plaintiff also recognized that the amount of KRW 115,028,00 that the Defendants paid to the Plaintiff is the full amount of the construction price excluding value-added tax.

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