물품대금
1. The Defendant’s KRW 33,700,000 and the Plaintiff’s annual rate of KRW 5% from March 1, 2018 to May 15, 2018, and the following.
1. Facts of recognition;
A. On August 10, 2017, the Plaintiff and the Defendant concluded a contract with the Defendant to supply anti-Automatic materials to the Defendant at the new site of DF Co., Ltd., and set the price as KRW 170,500,000 (value 155,000,000, value-added tax 15,500,000), and the contract period from August 10, 2017 to February 28, 2018.
B. On December 28, 2017, the Plaintiff filed a claim for payment of KRW 33,700,000 in remainder, excluding the remainder of KRW 139,000,000, which was already paid, among the goods priceed to the Defendant as changed on December 28, 2017.
C. On the other hand, on February 13, 2018, the Plaintiff issued a tax invoice of KRW 37,180,000 (the supply price of KRW 33,80,000 and value-added tax of KRW 3,380,00) as a person who is supplied with the Defendant, but revoked it on February 19, 2018, and then issued a tax invoice of KRW 33,700,000 (the claim) again.
In addition, on February 19, 2018, the Plaintiff was issued a performance guarantee insurance for the issuance of G Co., Ltd. with the insured as the Plaintiff and the insured as the Defendant.
[Reasons for Recognition] Evidence Nos. 1 through 9, Evidence No. 13, Evidence No. 13, and the purport of the whole pleadings
2. Assertion and determination
A. As to the Plaintiff’s claim for the price of goods, the Defendant asserts that the unilateral assertion or the final change of the price of goods that did not reach an agreement between the parties is KRW 155,585,540, and the remaining balance of the price of goods is KRW 16,585,540.
B. According to the statement in Eul evidence No. 2, it is recognized that the "H settlement statement (excluding value added tax)" in December 28, 2017, which appears to have been prepared by the defendant, was written as KRW 15,077,763 (where value added tax is included, KRW 16,585,539), the remainder of the goods price of the modified contract amount of KRW 141,441,400, is written as the changed contract amount of contract.
However, on December 28, 2017, the Plaintiff claimed KRW 33.7 million, but issued a tax invoice of KRW 37,180,000 on February 13, 2018, and thereafter issued a tax invoice of KRW 33,70,000 after cancelling the tax invoice. < Amended by Act No. 15193, Feb. 13, 2018>