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(영문) 인천지방법원 2020.07.24 2018가합60549

손해배상(기)

Text

The Plaintiff (Counterclaim Defendant) paid KRW 140,508,370 to the Defendant (Counterclaim Plaintiff) and the Plaintiff’s counterclaim from May 11, 2018 to July 24, 2020.

Reasons

1. The fact of recognition common to the principal lawsuit and the counterclaim;

A. On December 26, 2016, the Plaintiff (F, G, H, I, J, K, etc.) contracted with D (hereinafter “D”) for the production and installation of a PD iron plates, etc. at various construction sites (on the spot name: F, G, H, I, K, etc.).

B. The Plaintiff was supplied by the Defendant with the products, such as PDer, which were produced and installed at each site from January 2017 to November 2017.

C. On January 3, 2018, the Plaintiff paid the price for the goods with a bill as of May 31, 2018, the par value of KRW 30 million, issuer D, and due date of maturity. However, upon D’s disposition of transaction suspension on May 3, 2018, the said bill was refused.

In addition to the foregoing electronic bill, from January 3, 2017 to March 15, 2018, the amount paid or deducted or settled as the price for goods to the defendant is KRW 615,468,280.

The total value-added tax on a unit price of 15,310 25,500 390,400 39,000 43,432,343,200 47,775,200 G 9,350 26,00 243,100 26,00 260 60,606360,600 22,606360,6360,6360,6360,6360,610,000 60,630,660,000 60,630,6360,60,000 22,000 262,60,000 28,600,000 260,8602,6360,6360,6360,260

E. On May 4, 2018, the Defendant sent to the Plaintiff a certificate of content that: (a) the amount of the goods that was supplied to the Plaintiff and the details of the price received was KRW 202,294,380 (including the amount equivalent to the foregoing bill); and (b) the amount paid by May 10, 2018.

The details of supply of goods attached thereto (hereinafter referred to as "the details of supply on the defendant's side") are as follows:

F. On May 18, 2018, the Plaintiff organized the details of goods supplied to the Defendant and the details of the paid price, and the unpaid balance is KRW 57,015,792 (excluding value-added tax) and the unpaid balance is D.