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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
Reasons
1. Basic facts
A. The Plaintiff is a person who cultivates and sells landscaping trees, etc. under the trade name of “H,” and the Defendant is a stock company established for the purpose of construction and civil engineering projects.
B. The Defendant: (a) entered into a contract with G to a person engaged in landscaping planting business under the terms and conditions that he/she subcontracts the construction cost to KRW 726,330,00 for the construction cost; (b) the construction period from April 10, 2012 to June 30, 2012 for the construction period (hereinafter “F District Landscape Project subcontract”); and (c) around 2012 for G to the construction cost for the landscaping planting project among the new construction of Busan District E Apartment Complex (hereinafter “D District E Apartment Project”) as KRW 64,40,00,000 (including value-added tax); and (d) the construction period is from August 20, 2012 to October 31, 2012 to subcontracted the construction cost to G (hereinafter “D District Landscape Project”).
C. The Plaintiff supplied G with landscaping trees necessary for G to perform landscaping landscaping construction and landscaping planting construction in the said F Zone. D.
G borrowed the business registration of “H” operated by the Plaintiff due to the lack of a license to implement landscaping construction works in its own name, and then, by using the Plaintiff’s business registration, G issued a tax invoice with the name of the supplier amounting to KRW 95,800,000, the name of the supplier as “H,” the Plaintiff’s name as “H,” the supply price of which is KRW 95,80,000; ② the supplier’s trade name as “H,” the supplier’s name as “H,” the supplier’s name as “the Plaintiff,” and ③ the supplier’s name as “H,” the supplier’s trade name as “H,” and the supplier’s name as “H,” and the supplier’s supply price as “the Plaintiff, 100,400,000,000, respectively.
E. The plaintiff was paid the price of landscaping trees from G.