선수금반환
1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.
1. Details, etc. of remittance;
A. The Plaintiff is a trade name “C”, and the Defendant is a person operating a personal entrepreneur who wholesales each of the smokeless coal, etc. under the trade name “D.”
The remittance amount from the transaction date No. 500,00 won No. 62,50,000 won on November 6, 2014; 6.10,000,000 won on January 5, 2015; 7.29,500,000 won on January 8, 2015; 3,500 won on January 1, 2015; 8, 2014; 7,000,000 won on November 15, 200,000 won on August 19, 2015; 6,00,000 won on April 5, 2014; 6,000,00 won on the transaction date; 6,00,000 won on the aggregate of KRW 10,00,00 on May 4, 201, 205;
B. From November 6, 2014 to May 27, 2015, the Plaintiff remitted the total of KRW 60,500,000 from the deposit account under one’s name to the deposit account under one’s name, as follows.
C. On the other hand, on December 31, 2014, on the other hand, on the part of the Defendant’s name, two invoices based on the transaction of non-taxable items with the Plaintiff, supply price of KRW 9,000,000, and value-added tax amount of KRW 25,000, and one tax invoice with the amount of value-added tax of KRW 4,000,000, total amount of KRW 400,000, each of which was issued by the Plaintiff, supply price of KRW 38,400,000 (= KRW 9,000,000), and a report was filed on the account statement and tax invoice equivalent to KRW 4,40,00,000, total amount of KRW 4,400,000.
[Ground for recognition] Unsatisfy facts, Gap evidence 1 and 2 (including the number of each branch number, and excluding those with the branch number specified; hereinafter the same shall apply), the whole purport of the pleadings, as a result of an order to submit tax information by the second instance court on November 16, 2018, and on December 21, 2018, each of the orders to submit tax information by November 23, 2016 and by December 21, 2018,
2. Summary of the parties’ assertion
A. The Plaintiff’s assertion 1 deposited KRW 60,500,000 as an advance in order to be supplied with coal, etc. from the Defendant. By December 31, 2014, the Plaintiff received a supply of 38,400,000 won from the Defendant.
Then, the defendant did not supply coal, etc. to the plaintiff any longer, and the plaintiff did not pay it to the defendant.