금형대금청구의 소
1. Of the judgment of the first instance, the part against the Plaintiff corresponding to the subsequent order of payment shall be revoked.
The defendant.
1. The reasoning of the judgment of the court of first instance cited by the court of first instance is as follows, except for adding the following judgments to the judgment of the court of first instance or adding it to the judgment below to the judgment of the court of first instance, and thus, it is acceptable in accordance with the main sentence of Article 420 of the
2. Additional determination
A. The Plaintiff’s assertion 1) At the time of November 2015, the Plaintiff: (a) the amount of KRW 32,505,000, the tax invoice was already issued to the Defendant as at the time of the issuance of the tax invoice (hereinafter “amount of tax invoice issuance”).
32,204,500 won (hereinafter referred to as “unissued portion of tax invoice”) for which no tax invoice has been issued
(2) However, on December 11, 2015, the Defendant paid KRW 22,505,000 to the Plaintiff out of the amount of the bonds issued by the tax invoice, and the amount of the tax invoice issued was KRW 10,000 (=32,505,00 (the portion of the tax invoice issued)-22,505,00 (the remittance on December 11, 2015).
3) Meanwhile, on November 12, 2015, C, a business director of the Defendant, demanded the Plaintiff to reduce the unissued portion of the tax invoice, and paid 10,000,000 won, which is part of the amount, the Defendant is obligated to pay to the Plaintiff the sum of KRW 10,000,000 not paid out of the unissued portion of the tax invoice and KRW 22,204,50,500, which was not paid out of the unissued portion of the tax invoice, and the delay damages thereon. Even if the Defendant is not liable for the unissued portion of the tax invoice, the Defendant is obligated to pay the Plaintiff the amount of KRW 10,00,000,000 paid to the Plaintiff who is individually responsible for the repayment of the unissued portion of the tax invoice. Thus, the Defendant is not obligated to pay to the Plaintiff the amount of KRW 10,000,000,000,000 among the unissued portion of the tax invoice.