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(영문) 대구지방법원 2015.11.20 2015나7303

물품대금

Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The plaintiff is a person who runs the wholesale and retail business of electricity and electronic parts with the trade name of "C", and the defendant is a person who runs the electrical construction business with the trade name of "D".

B. The Plaintiff supplied electric equipment and appliances required for electrical construction at the construction site of Daegu-gu G Studio (multi-household) G (hereinafter “instant construction”) (hereinafter “instant goods supply contract”) from April 201 to October 201, the Plaintiff supplied electric equipment and appliances to the said construction site from April 201 to April 201, and issued a tax invoice stating that the Defendant was the recipient of the electric equipment and appliances supplied from April 201 to June 201.

C. The Defendant paid KRW 1,170,950 to the Plaintiff, on July 13, 201, the amount of KRW 1,170,950 as to the transaction on May 201, and paid KRW 500,000,000 on November 10, 201, KRW 500,000,000 on January 20, 2012, and KRW 919,370 on February 29, 2012. On February 29, 2012, the Defendant sent KRW 5,00,00 to the Plaintiff by indicating the person sent from the Defendant’s account as “F”.

【Ground of recognition】 The fact that there is no dispute, Gap Nos. 1 and 2 (if there is an additional number, including a branch number; hereinafter the same shall apply), Eul evidence Nos. 1 and 5, and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff asserted that the Plaintiff entered into the instant goods supply agreement with the Defendant’s agent F, and supplied the electric equipment at the construction site of this case.

However, the Plaintiff was not paid part of the price of goods supplied from July 201 to October 2011, and the amount is KRW 26,310,750 [The amount is KRW 12,090,320 (including value-added tax) for the transaction in which the tax invoice is issued (including the transaction from April 201 to June 201) 31,310,750 (the transaction in which the tax invoice is not issued (including the transaction in which the value-added tax is not paid) - 1,170,950 won - 5,00,000 won - 5,00,000 won - 919,370,370 won - 5,000,000 won].

Therefore, the defendant shall pay the above price and its delay damages to the plaintiff.