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(영문) 서울서부지방법원 2017.12.07 2016가단245695

물품대금 지급 청구

Text

1. The Defendant: (a) KRW 169,932,400 for the Plaintiff and KRW 6% per annum from April 23, 2016 to October 10, 2016; and (b).

Reasons

1. Facts of recognition;

A. On September 18, 2015, the Plaintiff entered into a contract with the following content (Evidence A 3) that the Plaintiff would supply middle and high-speed fishing, imported from Japan, to the Defendant who runs the business with the trade name called “B” (hereinafter referred to as “B”).

With respect to the prohibition of the substitution of goods, the following shall be implemented:

B (Defendant) shall make payments for the amount of goods within 30 days from the date of taking over the goods supplied to Party A (Plaintiff).

Since Eul (the defendant) carries out the inspection of goods and is engaged in the transaction, it is not integrated to deal with the clean.

B. The Plaintiff supplied typists imported from Japan between October 2005 and March 2016, as indicated in the attached sheet on the current status of supply of typists, to the Defendant.

However, the original and the Defendant agreed to file a value-added tax return by lowering the original supply price (the Plaintiff’s claim that the value-added tax was returned at the initial Defendant’s request) and accordingly, the Plaintiff filed a value-added tax return by lowering the actual supply price. Accordingly, the electronic tax invoice (Evidence No. 5-1 and No. 14) reported by the Plaintiff from October 2015 to March 2016 entered the value of supply and the value-added tax amount equivalent to 1/10 less than the actual supply price.

(The value-added tax stated in each tax invoice of No. 5-1 through 14 is included in the value-added tax stated in the attached Table). Moreover, when the Plaintiff shows a seal to the Defendant, the Plaintiff sent a seal stamp indicating the amount lower than the actual supply price. On February 4, 2016, the Plaintiff is entitled to the Defendant on the day of February 4, 2016, which includes “No. : the seal stamp and the outstanding amount file, the content of which: the real unit price is included. This seal stamp is not at the time of being kept for reference only and absolutely at the time of keeping. Moreover, the outstanding amount file is also sent together (No. 1-22 of the attached Table).”