매매대금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Plaintiff is a company that manufactures and sells automobile parts, and the Defendant is a person who engages in wholesale and retail business with the trade name “C”.
B. Around March 2012, the Plaintiff entered into a sales contract for used machinery with the Defendant with the following terms:
(hereinafter referred to as the “instant sales contract”. The name of the manufactured goods of Article 1 (Subject-matter of Sale): Flor Bring N/C of the used machinery (the location of the Plaintiff’s factory in Sacheon-si; hereinafter “instant machinery”): The quantity of KUDR 15H : the quantity of KBF 15H : One billion won (sale price): (1). (2) The above sales price is the price of the above sales price of KRW 1 billion ( e.g., e. 1,00,000,000) (excluding value added tax). (2) The price of the above sales price is the value of the intermediate machinery in the state of the contract.
Article 3 (Period of Payment, etc.) ① Payment of down payment: daily KRW 10 million (including KRW 110,000,000,000 additional tax, KRW 10,000: KRW 10,000) when the contract is made; ② Payment of remaining gold: Gu Won (including KRW 990,000,000,000, additional tax, KRW 90,000) after the work of dismantling machinery and equipment and before removal to the factory closing place within the factory building (the payment shall be made at the latest within five days after the commencement of dismantling work).
The Defendant, on March 4, 2012, remitted to the Plaintiff’s representative E’s account, KRW 100 million, and KRW 900 million on April 4, 2012, and paid KRW 1 billion in total as the instant purchase price.
On the other hand, on March 13, 2012, the Defendant sold the instant machinery to F in KRW 1,232,154,00 (including value-added tax) and issued a tax invoice of KRW 251,460,000 on the day of the sales contract to the person who is supplied with F, and the tax invoice of KRW 980,694,000 on April 4, 2012, respectively.
E. On April 2012, the Plaintiff: (a) dismantled and removed the instant machinery to the Defendant; and (b) around that time, the Defendant delivered the instant machinery to F.
F. However, the Plaintiff did not issue a tax invoice for the instant sales contract to the Defendant, and the Defendant shall be the first quarter (from January 1 to June 30) around July 2012.