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(영문) 의정부지방법원고양지원 2016.01.21 2015가단77406

구상금

Text

1. The Defendant’s KRW 48,949,490 for the Plaintiff and the Plaintiff’s 20% per annum from May 12, 2015 to September 30, 2015.

Reasons

1. As to the claim of KRW 8,949,490 for the amount of goods

A. Comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 1 through 14 and Eul evidence Nos. 1, the defendant awarded a contract for D Factory Extension Work (hereinafter "the instant construction work") on the land, such as Goyang-gu, Seoyang-gu, Seoyang-gu, Seoul, for the construction cost of KRW 190,00,00. Eul requested the plaintiff to supply goods, such as materials necessary for the instant construction work. Accordingly, the plaintiff supplied goods, such as the above construction site, and then issued a tax invoice of KRW 14,525,025 in total seven times from August 19, 2014 to October 17, 2014, and the remaining amount of the tax invoice of KRW 14,525,025,00 from October 20, 2014 to November 24, 2014, the defendant was obligated to pay the remaining amount of the tax invoice to the plaintiff as the total amount of KRW 190,549,94.29

B. On November 6, 2014, the defendant alleged that he/she paid all of the above money to the plaintiff by remitting KRW 6,56,460 and KRW 4,697,197. Thus, according to each of the evidence Nos. 6 and 7, the defendant may have acknowledged that he/she remitted the above money to the plaintiff on the above date. Meanwhile, the following circumstances, i.e., ① the above 6,556,460 won, which can be acknowledged by considering the overall purport of the pleadings, are accurately consistent with the amount of the tax invoice issued on October 17, 2014; ② the defendant paid the amount of the tax invoice issued on October 17, 2014; ② the amount of the tax invoice issued on the date the plaintiff issued was accurately identical to the amount stated on the above date; and the amount of the tax invoice issued on October 17, 2014. < Amended by Presidential Decree No. 25283, Oct. 19, 2014>