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(영문) 대전지방법원서산지원 2016.10.07 2016가단5308

대여금등

Text

1. The Defendant shall pay to the Plaintiff KRW 65,00,000 and the interest rate of KRW 15% per annum from September 21, 2016 to the day of complete payment.

Reasons

1. Indication of the claim ① The Plaintiff received a request from the Defendant, the actual operator of the company B, for the discount of the amount of KRW 100,000,000 issued by Shinsung Co., Ltd. to the electronic bill. On December 14, 2015, the Plaintiff endorsed the said electronic bill and discounted the said electronic bill. On the other hand, the Plaintiff issued the electronic tax invoice of KRW 185,000,000 as the price for the delivery of steel production to B for the tax treatment of the said electronic bill.

② On December 28, 2015, the Defendant issued to the Plaintiff a certificate of KRW 50,000,000, and the Plaintiff paid KRW 50,000,000,000, out of the said electronic bill discount amount, to the Defendant on December 28, 2015, including KRW 40,000,000, out of the said electronic bill discount amount, and KRW 10,00,00,000 on December 30, 2015.

③ However, on February 29, 2016, the Plaintiff received notice from the Korea Financial Settlement Board that the issuer of the electronic bill was suspended from trading, and the Plaintiff paid to the National Bank totaling KRW 2,63,972, including the agreed interest rate of KRW 1,535,122, overdue interest rate of KRW 1,128,850.

④ In addition, the Plaintiff was unable to issue the above electronic tax invoice due to the temporary closure of business, and was charged value-added tax amounting to KRW 9,090,900,900 included in the above electronic bill amount as KRW 100,000,000. The Plaintiff was charged corporate tax equivalent to the amount equivalent to KRW 100,000,000 with the wind of tax processing as the price for sales.

⑤ Therefore, the Plaintiff seeks payment of KRW 65,00,000 in total (=50,000,000 + KRW 2,096,712 as partial claims of the electronic bill discount commission + value-added tax 9,090,909 + KRW 3,812,379 in proportional distribution after deducting purchase amount, etc. from corporate tax).

2. Judgment by public notice (Article 208 (3) 3 of the Civil Procedure Act).