물품대금
1. Revocation of a judgment of the first instance;
2. The plaintiff's claim is dismissed.
3. The costs of lawsuit are assessed against the Plaintiff in the first and second instances.
1. Summary of the parties' arguments
A. The Plaintiff’s assertion 1) The Plaintiff is a corporation that operates the business of manufacturing sanitary paper products. The Defendant is a person who manufactures and sells health food, etc. under the trade name “C” in Scheon City B. 2) The Plaintiff supplied the instant product in multiple times from August 30, 2013 to October 30, 2013 in accordance with the Defendant’s order (hereinafter “instant product”). The Plaintiff also issued electronic tax invoices.
3) However, the Defendant did not pay KRW 17,067,050 out of the price for the goods supplied by the Plaintiff. Thus, the Defendant’s assertion is without knowing the Plaintiff, and the Defendant did not order the goods of this case or request the Plaintiff to deliver them. 2. In full view of the purport of the entirety of the arguments and arguments as to whether the Defendant ordered the goods of this case from the Plaintiff, the Plaintiff’s electronic tax invoices (hereinafter “tax invoices of this case”) indicated as “the Defendant,” and “the goods of this case,” respectively.
A. The facts that the product of this case was issued by the Defendant, and the Defendant’s name was written on the manufacturing source of the content contained in the product of this case, and the Defendant is recognized as having reported purchase of value-added tax on February 2, 2013 by using the tax invoice issued by the Plaintiff on the product of this case. Thus, it is reasonable to view that the Defendant requested the manufacture of the
However, as a result of the fact-finding on Gap evidence No. 1 and the fact-finding on Wcheon Tax Office, the following circumstances, which are acknowledged as comprehensively taking account of the witness D's testimony and overall purport of the pleadings, namely, ① the tax invoice of this case, when it is entered into the e-mail received by the recipient, is considered to have received the e-mail. The tax invoice of this case was sent by the e-mail called "E