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(영문) 의정부지방법원 2021.02.04 2020나330
공사대금
Text

Of the judgment of the first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked, and such revocation shall be revoked.

Reasons

1. Basic facts

A. The Plaintiff (mutual name: C) is a person engaged in construction business and construction machinery rental business.

B. On November 2017, from around August 2017 to August 2018, the Plaintiff received a request from the Defendant, the representative, to perform construction equipment works in various construction sites.

(c)

D In fact, the Defendant, the representative of E and D, was operated as a single company, and the construction sites of both companies were mixed, and D and the Defendant paid the construction cost according to who is issued a tax invoice for the construction cost (i.e., the person entered as the recipient of the tax invoice between D and the Defendant).

The Plaintiff, upon request from D and the Defendant, directly performed the work requested by D and the Defendant or participated in other equipment operators, issued a transaction statement on a monthly basis (the working date, quantity, unit price, supply price, etc.) to D and the Defendant. The said transaction statement stated not only the construction cost that D and the Defendant should pay to the Plaintiff, but also the construction cost that the Plaintiff should pay to the equipment operator excluded from the Plaintiff.

After issuing the above transaction statement, the Plaintiff requested D or the Defendant to pay the construction cost by issuing the tax invoice for the construction cost that the Plaintiff has to pay.

E. F, who is the person in charge of the interest defendant of D(E), F, and G were issued by the Plaintiff, compared to the construction work daily report.

On November 28, 2017, 2017. 1,80,80,000, 180, 1800, 1800, 1800, 9800 D (E) March 31, 2018, 31, 980,000, 198, 198, 002, 178,000,000, 000, 500, 500, 500, 300, 170, 500 D (E), 300, 50, 800, 500, 300, 50, 800, 800, 50, 800, 408, 308, 308, 408, 3008, 408, 2008

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