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(영문) 제주지방법원 2017.01.24 2016가단8168

물품대금

Text

1. The Defendant: KRW 46,728,149 for the Plaintiff and KRW 6% per annum from May 24, 2016 to January 24, 2017.

Reasons

1. The parties' assertion

A. The Plaintiff asserted that the Plaintiff is a corporation engaged in the wholesale and retail business of wood, Gohap, and construction materials, and supplied the following construction materials at the site of Seopo-si B (hereinafter “instant construction”).

The Plaintiff supplied construction materials equivalent to KRW 53,082,50,50 for September 1, 2015, KRW 13,610,454 for KRW 53,082,50 for KRW 50 for October 2015, KRW 26,542,494 for KRW 32,748,93 for December 32, 2015, KRW 382,856 for KRW 3,382,856 for KRW 6,301,90 for KRW 6,306,90 for KRW 3,60 for KRW 3,60 for KRW 50 for KRW 687,50 for KRW 139,963,50 for KRW 139,50 for KRW 200 for KRW 139,50 for KRW 25,200 for KRW 15,200 for KRW 139,500 for KRW 205 for the instant construction site.

53,270,643 won (i.e., 139,963,59 won - 86,692,956 won) and damages for delay shall be claimed against the Defendant.

B. Of the materials cost claimed by the Defendant, the amount of KRW 93,235,450, which is the aggregate of KRW 13,610,454, and KRW 53,082, and KRW 53,082, and KRW 26,54, and KRW 26,54, and KRW 450, which is the aggregate of KRW 26,542,494, and KRW 93,235, and April 2016, for which the tax invoice was issued, among the materials cost claimed by the Defendant, cannot be recognized.

On May 12, 2016, the Defendant paid an additional amount of KRW 6,542,494 to pay the said materials.

2. In full view of the Plaintiff’s health account, Eul’s evidence Nos. 2-1 through 4, and the purport of the entire pleadings, it can be acknowledged that a tax invoice has been issued from September 2015 to November 2015 among the materials price claimed by the Plaintiff, and that no tax invoice has been issued from December 2015 to April 2016.

However, the following circumstances, which can be seen by comprehensively considering the respective descriptions of Gap evidence Nos. 1 and 2 (including each number), and the overall purport of the pleadings, namely, the date, items, specifications, and the delivery date of the transaction list arranged by the plaintiff while supplying the materials.