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1. The Defendant-Counterclaim Plaintiff Co., Ltd. (Counterclaim Defendant) from July 23, 2015 to the Plaintiff (Counterclaim Defendant) KRW 20,000,000 and its amount.
Reasons
1. Basic facts
A. On May 2, 2014, Defendant C was established on May 21, 2014, and at the same time, deemed to have been a company under incorporation.
The Defendants entered into a contract with each five ton of each of the five ton of the factories at each of the Defendants’ respective head offices (hereinafter referred to as the “instant cranes”) with each of the five to install them in each of the 25 tones KRW 50 million in total (7 pages of the counterclaim of value-added tax attached tax) (hereinafter referred to as the “instant construction”). Defendant C decided to issue a tax invoice for the value exceeding the construction cost of the instant case 110 million to each of the Defendant C.
B. On the same day, Defendant B delivered to the Plaintiff a promissory note, “the face value of KRW 87 million, and on August 12, 2014, the due date,” the issuer Company AB Pison Co., Ltd. (hereinafter “BP”) for the payment of the instant construction cost. The Plaintiff returned KRW 50 million out of the discounted value of the said promissory note, and the Plaintiff agreed to additionally deliver to the Plaintiff a promissory note, which is the remainder of the instant construction contract, with the face value of KRW 23 million.
C. On May 12, 2014, the Plaintiff received a discount of KRW 45 million from D (mutual “E”) and remitted the amount of KRW 45 million out of the said discount to Defendant B, and the first bill was in default.
Accordingly, on May 28, 2014, Defendant C delivered to the Plaintiff a promissory note (Evidence No. 4, 2014; hereinafter “second Promissory note”) which is the issuer Seoul C&S Co., Ltd. on September 12, 2014, and collected the first Promissory Notes. The Plaintiff delivered the second Promissory Notes to D on the same day, while the Plaintiff issued a tax invoice of KRW 10 million for the consideration of supply to Defendant C.
E. However, upon the bankruptcy of the second bill, the Plaintiff was urged to return the discount amount from D. Defendant C paid to the Plaintiff KRW 60 million with respect to the discount amount of the first bill from June 25, 2014 to September 2, 2014, and the Plaintiff’s KRW 50 million among them.