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(영문) 전주지방법원 2016.02.04 2014나11737
매매대금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The following facts can be acknowledged in full view of the purport of the entire pleadings in each entry in Gap evidence Nos. 3, 4, 7, and 8, and Eul evidence Nos. 1 and 2 (including additional numbers), unless there is a dispute between the parties or in full view of the purport of the entire pleadings:

On September 10, 2012, the Defendant entered into a contract on construction work with C to re-subcontract the instant construction site by setting the construction cost as 3,520,000,000 construction period and the construction period from August 30, 2012, among the new construction works subcontracted from Namyang Construction Co., Ltd. (hereinafter “instant construction site”).

C made the same day as the site manager at the construction site and made and delivered to the Defendant a letter of description of the technology and labor supervision of the project site of this case.

B. From August 2012 to May 2013, 2013, the Plaintiff supplied the instant goods, such as steel materials, equivalent to KRW 72,613,255, at the instant construction site (hereinafter “instant goods”).

C. On October 30, 2012, the Defendant paid to the Plaintiff KRW 3,706,450 (the supply value of the tax invoice as of September 30, 2012, KRW 3,369,50, and KRW 336,950, which was received from the Plaintiff by July 26, 2013, totaling KRW 44,073,920, which was equivalent to the supply value and tax amount under Chapter VI of the tax invoice received from the Plaintiff by July 26, 2013.

The Defendant complained against C with the intent of deceiving money as labor cost by manipulating it falsely even though workers did not provide labor at the construction site of the instant case, and C was prosecuted on July 31, 2014 by fraud, but was not guilty on June 24, 2015 by the said court, but the said judgment became final and conclusive at that time because the prosecutor appealed against the judgment of innocence on June 24, 2015.

In the above criminal judgment, "Defendant" is a reinforced concrete construction work among B ordered by the Rural Development Administration from Namyang Construction Co., Ltd.

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