물품대금
1. The Defendant shall pay to the Plaintiff KRW 75,354,520 as well as the annual rate of KRW 5% from April 21, 2017 to the date of complete payment.
1. Determination as to the cause of claim
A. While the Plaintiff’s assertion continues the transaction of supplying checks, etc. to the Defendant, the Plaintiff did not supply goods equivalent to KRW 75,354,520, which the Defendant received in advance, and terminated the transaction of goods with the Defendant, the Defendant is obligated to return the said money to the Plaintiff. Accordingly, the Defendant alleged that he/she is also an agent of the Plaintiff and has transacted through C and D, and there was no direct transaction between the Plaintiff and the Plaintiff. On the other hand, the Plaintiff issued a tax invoice equivalent to only a portion of the sales amount at C’s request, thereby failing to receive the amount of goods equivalent to KRW 1,454,26,34 from the Plaintiff.
(b) The following facts may be found in full view of the statements in Gap evidence 1 to 10, the testimony and the whole purport of the pleadings by the witness C, and each of the statements in Eul evidence 1 to 5 (including paper numbers) shall not interfere with the above recognition, and there shall be no counter-proof otherwise.
1) From January 2016, through C, the Plaintiff Company and the Defendant Company: (a) from around January 2016, through which each representative director was known, the Plaintiff supplied the Plaintiff with checks, such as heading, etc.; (b) the goods price was deposited in advance by the Plaintiff using the Defendant’s corporate account; and (c) the Defendant continued to engage in transactions by issuing a tax invoice corresponding to the price of the goods supplied for a certain period, and then deducting the price of the goods supplied up to the time from the advance payment. (d) However, the Defendant supplied the Plaintiff with 300 headings, 814,000 on July 7, 2016, when the advance payment received from the Plaintiff remains 99,168,520 won.
3) Accordingly, the Plaintiff requested the Defendant to supply samples, i.e., tampies equivalent to 75,354,520 won (i.e., 99,168,520 won-23,814,000 won) from July 22, 2016, but the Defendant did not comply with the request.