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(영문) 의정부지방법원고양지원 2015.09.09 2014가단31366

물품대금

Text

1. The Defendant: (a) KRW 29,596,400 for the Plaintiff and 6% per annum from August 23, 2014 to September 9, 2015; and (b) from the following day.

Reasons

1. In the name of “C”, the fact that the Plaintiff operating a manufacturing business, such as a timber household, supplies a household to the Defendant who operates a household wholesale and retail business under the trade name of “D” does not conflict between the parties.

2. On July 2014, the Plaintiff asserts that the Plaintiff supplied the Defendant with a 46,391,400 won (including value-added tax) and sought payment of the remaining 31,391,400 won after deducting the 15 million won paid in part.

On July 2014, the Defendant ordered the Plaintiff to pay KRW 46,391,400 (including value-added tax) to the Plaintiff, but provided only a household equivalent to KRW 15,182,200 (including value-added tax) from the Plaintiff. The Defendant already paid KRW 15,00,000,000 to the Plaintiff, and claimed that the Defendant would not remain to pay the amount that the Defendant would pay to the Plaintiff if the Defendant offsets the amount with the claim for return of KRW 1,795,00 with the amount overpaid or erroneously paid in May 2014.

3. Determination

A. Comprehensively taking account of the overall purport of arguments as to the grounds for the claim Gap's statement Nos. 1, 4 through 6, and 9, the witness E's testimony, and the purport of the entire argument as to the order to submit taxation information to the head of the Pakistan Tax Office of this Court, the Plaintiff supplied the Defendant with a written estimate and tax invoice concerning the details of supply of the relevant month from February 2, 2014 to June 2014, and the Defendant issued a written estimate and tax invoice to the Defendant at the end of each month. The Defendant provided the Plaintiff with a total amount of KRW 46,391,40 (including additional taxes) to the Defendant on July 31, 2014; the Plaintiff issued a written estimate and tax invoice of KRW 46,391,400 to the Defendant on July 31, 2014; and the Defendant filed a tax invoice with the competent tax office on July 31, 2014 as stated in the tax invoice.

Contrary to this, the testimony of the witness F is difficult to believe, and it is insufficient to reverse the above recognition only with the statement of evidence Nos. 1, 2, 9 through 13, and 15.

According to the above facts, the defendant shall have no special circumstances.