beta
(영문) 대구지방법원 2014.12.04 2013나18422

물품대금

Text

1. Of the judgment of the court of first instance, the money that orders the following payment concerning the principal lawsuit is corresponding to the plaintiff (Counterclaim defendant).

Reasons

1. Basic facts

A. The Plaintiff is a personal business entity who produces and sells water treatment equipment under the trade name of “C,” and the Defendant is a company that produces Modle, installed in a mobile phone.

B. On April 13, 2011, the Plaintiff entered into a contract with the Defendant to manufacture and supply the “net water” manufacturing equipment at KRW 55 million (including value-added tax) (hereinafter “instant equipment”) (hereinafter “instant equipment”), and the said contract is “instant supply contract.”

(2) On the other hand, the Plaintiff and the Defendant, at the Defendant’s request, additionally prepared one copy of a false contract stating the price of KRW 66 million (including value-added tax). After that, the Defendant paid to the Plaintiff KRW 30 million on April 14, 201, and KRW 25 million on August 4, 2011, and the Plaintiff returned the amount of KRW 10 million on or around April 15, 201 to the Defendant, and the Defendant issued a tax invoice from the Plaintiff on June 30, 201, stating the supply price of KRW 60 million and the tax amount of KRW 60 million, and completed a tax return in accordance with the tax invoice. 2) The Plaintiff supplied the instant equipment to the Defendant on or around June 25, 2011, and completed the implementation of the instant supply contract by using the mobile phone washing system.

C. A summary of the instant equipment is as follows: (a) water supplied to the general public, such as industrial water and tap water, includes organic materials, such as floating material, spathy, and pathy, and inorganic materials, such as calcium, calcium, calcium, and calcium; and (b) where such water is used for washing purposes in the manufacture of semiconductors and precision electronic equipment, the defect of the product may occur. Accordingly, precise electronic equipment, such as a camerar of a mobile phone produced by the Defendant, is screened by purely removing organic materials and inorganics contained in raw water (nets).