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(영문) 부산지방법원 2017.12.01 2016나55001

선수금반환 등

Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

1. Basic facts

A. The Plaintiff is a person who runs the fishery products sales business, etc. under the trade name of “D,” and Defendant B is the representative of Defendant C Co., Ltd. (hereinafter “Defendant C”) who runs the fishery products distribution business, etc.

Defendant C’s amount of KRW 50 million on February 5, 2015 (account holder) KRW 20 million on February 16, 2015, KRW 30 million on February 16, 2015, KRW 30 million on March 13, 2015, KRW 40 million on March 24, 2015, KRW 40 million on March 24, 2015.

B. From February 5, 2015 to March 24, 2015, the Plaintiff remitted total of KRW 140 million to the deposit account in the name of the Defendants as shown in the following table (hereinafter “instant money”).

C. In relation to the instant money, Defendant C issued a tax invoice of KRW 70 million on February 28, 2015, and Defendant B issued each tax invoice of KRW 30 million on February 28, 2015 with the trade name “C” and KRW 40 million on March 31, 2015 with the supply value of KRW 30 million.

Then, from April 1, 2015 to June 26, 2015, the Plaintiff: (a) received a total of 4,902 freezing fish from F (I) to be stored in the freezing warehouse located in Gyeongnam-nam Navy G (hereinafter “instant freezing warehouse”); and (b) supplied the same to the safe fish-based fish-based (hereinafter “instant comprehensive fish-based food”); (c) remitted F total of KRW 163,116,038,038, including freezing storage fees, interest, and fees.

E. F issued each tax invoice amounting to KRW 143,506,727 on March 31, 2015 with respect to the above high-ranking trading, including the supply price of KRW 7,436,321, the supply price of KRW 40,077,070 on April 30, 2015, the supply price of KRW 38,403,247, the supply price of KRW 30 on May 30, 2015, and the supply price of KRW 57,590,089 on June 30, 2015, to the Plaintiff.

F. Meanwhile, around June 2016, 6 times among the freezing fish integrated food supplied by the Plaintiff, among the freezing fish supplied by the Plaintiff as above, six-time delivery from April 1, 2015 to June 24, 2015.