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(영문) 울산지방법원 2016.10.05 2015가합20441
공사대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

The relevant parties to the basic facts and the defendant shall have the construction period from March 18, 2014 with respect to the construction of accommodation facilities located in Ulsan-gu C (hereinafter “instant construction”) on March 18, 2014.

8. up to 31. 31. The work price shall be KRW 796,400,000 (including value-added tax) and each written contract shall be set out.

(A) A contract entered into on the same background as above (hereinafter referred to as “instant contract for construction work”). D is a person who engages in artificial fishery under his/her name after registering his/her business under his/her name E, and is registered as a business operator under his/her name; as seen below, F-related accounts are also named E; E is also the lawsuit filed against the Plaintiff; E is also a title holder; E is a de facto economic act rather than having its own meaning; E is the subject of economic act; and the spouse is the same with D. Therefore, in order to adjust the facts, only the name of E is indicated, and the judgment part is referred to as “D” collectively;

On March 2014, prior to the conclusion of the instant construction contract, the Defendant entered into an oral contract with the Defendant for the instant construction work, and was proceeding from the first floor floor construction. The Plaintiff’s representative director G and the Defendant was present at the time of preparing the said contract.

(1) The Plaintiff, Defendant, and D, etc. provided evidence No. 8 and the witness D’s testimony. The Plaintiff received money from the Defendant as shown in the following [Attachment 1] and received money from the Defendant to transfer money as indicated in the “transfer details” (i.e., the value of supply of KRW 190,000,000 (=the value of KRW 19,000), and the amount of KRW 162,250,000 on May 22, 2014 (i.e., the value of supply of KRW 147,50,000) (i.e., the value of KRW 147,750,000) and the amount of KRW 151,750,000,000 on May 23, 2014 (i.e., the value of supply of KRW 137,954,546,465,47,505,47,515).

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