물품대금
1. Of the judgment of the first instance court, the part against the plaintiff falling under the following order of payment shall be revoked.
The defendant.
1. Basic facts
A. The plaintiff is a company that runs the liquor wholesale business, and the defendant is C's operator.
B. The Defendant received alcoholic beverages from the Plaintiff from April 2018.
[Grounds for recognition] Facts without dispute, purport of whole pleading
2. The assertion and judgment
A. Comprehensively taking account of the overall purport of the pleadings as to the cause of the claim, the Plaintiff’s provision of alcoholic beverages to the Defendant from April 2018 to June 8, 2018, and the Plaintiff’s total sum of the outstanding amount due to the Plaintiff’s supply of alcoholic beverages to the Defendant during the above period constitutes 5,795,560.
Therefore, barring special circumstances, the Defendant is obligated to pay the Plaintiff a total of KRW 5,795,560 and delayed damages.
B. As to the Defendant’s assertion, the Defendant did not have a duty to pay for alcoholic beverages since the amount of KRW 3,242,300, which was carried over to March 2018, was supplied by an enterprise other than the Plaintiff, and thereafter, the Defendant did not receive alcoholic beverages from the Plaintiff due to the remodeling work at the Defendant’s place of business after May 21, 2018.
The argument is asserted.
B) First, according to the aforementioned evidence, the Plaintiff excluded KRW 3,242,30,00, which was carried forward in March 2018, from the calculation of the claim amount.
In addition, in addition to the following circumstances that can be recognized by comprehensively taking into account the evidence and the purport of the whole theory as seen earlier, the period during which the Plaintiff supplied alcoholic beverages to the Defendant shall be from April 2018 to June 8, 2018.
Therefore, the defendant's above assertion is not accepted.
① The Plaintiff’s head of the sales center (No. 2) corresponds to the contents of the electronic tax invoice (No. 1 certificate) and the liquor sales invoice (No. 3 and 5 certificate) issued by the Plaintiff as a person who receives the Defendant.
(2) According to Articles 8, 15, and 47 of the Liquor Tax Act, liquor sales business that actually collects liquor tax shall also serve as an interim collection agency in charge of the distribution process of alcoholic beverages.