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(영문) 춘천지방법원 2015.04.09 2014가단11096
물품대금
Text

1. The Defendant’s KRW 12,53,00 for the Plaintiff and KRW 5% per annum from December 17, 2014 to April 9, 2015.

Reasons

1. Basic facts

A. The Plaintiff is a person who manufactures and sells windows and py glass, etc. under the trade name of “C,” and the Defendant is a person who runs a construction business, such as window-hosing construction, in the trade name of “D.”

B. The Plaintiff supplied the Defendant a title, etc. from August 5, 201 to November 15, 2011.

C. The Defendant paid the Plaintiff KRW 15,00,000,00 on August 24, 201, and KRW 7,000,00 on September 10, 201, and KRW 15,00,000 on November 5, 201, and KRW 11,00,000 on November 14, 201, and KRW 52,00,000 on January 15, 201.

[Reasons for Recognition] A without dispute, entry of Gap evidence 3, Gap evidence 6 (including provisional number), partial entry of Gap evidence 5, purport of whole pleadings

2. Determination as to the cause of action

A. The plaintiff's assertion that the plaintiff supplied the defendant who operates D during the above period a window of 68,208,636 won, but only received the price of 52,00,000 won from the defendant. Thus, the plaintiff asserts that the remaining attempted amount is KRW 16,208,636, and claims for the payment of the outstanding amount and damages for delay.

B. Determination 1) The Plaintiff submitted a tax invoice (No. 2, No. 4, and No. 6-1 through 4) and a statement of transactions (No. 5) with the Defendant as evidence to prove the details of transactions with the Defendant. The Plaintiff first submitted a tax invoice (a. 2, No. 4, and No. 6-1 to 4) and a statement of transactions (a. 5) as evidence, and finally revised a part of the details of transactions with the Defendant

A) The Plaintiff submitted a statement of transactions. The details of supply, which the Plaintiff issued a tax invoice to the Defendant, are “total of 64,533,000 won,” and the details of supply without the issuance of a tax invoice are “total of 3,675,636 won,” and the sum of the amounts stated in the said tax invoice is KRW 64,53,000 (one five thousand won, August 31, 201; KRW 22,00,000,000,000 on October 31, 201; KRW 11,00,000,000,000,000 on November 16, 201; KRW 16,53,000 on November 30, 2011). However, the aggregate of the amounts stated in the said tax invoice is “a tax invoice” as indicated in the said tax invoice.

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