물품대금
1. Revocation of the first instance judgment.
2. The plaintiff's claim is dismissed.
2. All costs of the lawsuit shall be borne by the Plaintiff.
1. The gist of the cause of the claim is that the Plaintiff operated a brewing factory with the trade name of “D” in an agro-industrial complex located in the former Northern-gun C, the Plaintiff operated D and F together as the representative director of F Co., Ltd. (hereinafter “F”), and was engaged in the wholesale and retail business of alcoholic beverages. The Defendant sold alcoholic beverages in the name of “E”.
The Plaintiff supplied liquor produced by the Plaintiff to the Defendant from July 2007 in the name of D or F. Since the amount receivable that the Defendant would pay to the Plaintiff is KRW 22,117,200 as shown in the attached Form after making the last transaction on July 15, 201, the Defendant is obligated to pay the Plaintiff the remaining liquor price of KRW 22,117,200 and delay damages.
2. In full view of the purport of the entire pleadings as to the cause of the claim Gap's evidence Nos. 1, 2, 4, and 8 (including paper numbers; hereinafter the same shall apply) and Eul evidence Nos. 1, the plaintiff issued a detailed statement and tax invoice with the defendant in the name of D or F, but it is difficult to view that the evidence submitted by the plaintiff alone is not F but F, that the plaintiff has the title to claim against the defendant. Thus, the amount of alcoholic beverages for which the plaintiff can claim against the defendant should be limited to the details of transactions with the defendant in the name of D.
Meanwhile, comprehensively taking account of the overall purport of the arguments and arguments as a result of the fact-finding conducted by D and the Defendant with respect to the National Tax Service, it is recognized that the amount reported as traded by D and the Defendant was totaled of KRW 137,736,00 in January 2007, as shown in the separate sheet, and KRW 44,545,00 in February 2, 2007, KRW 2008, KRW 29,956,000 in January 2008, KRW 5,709, KRW 000 in January 2009, KRW 4,436,00 in January 4, 200, and KRW 2,181,00 in February 2, 2010, and KRW 137,736,000 in total.
The plaintiff asserts that there was details of additional transactions with the defendant in addition to those reported to the National Tax Service, but the evidence submitted by the plaintiff alone, in addition to the above reported amount by the National Tax Service, the plaintiff is the defendant.