beta
Text
1. The Defendant’s KRW 96,514,830 as well as its annual 6% from December 30, 2015 to October 31, 2016, and the following.
Reasons
1. The allegations and judgment of the parties
A. 1) Comprehensively taking account of the overall purport of the statements and arguments in Gap evidence Nos. 1, 2, 4, and 5, the plaintiff supplied storage batteries, etc. to the defendant who engages in the wholesale and retail business of electronic equipment in the name of "B" from March 23, 2010 to December 29, 2015. However, it can be recognized that the defendant was not paid 96,514,830 won out of the price of goods. Accordingly, as requested by the plaintiff, the defendant is liable to pay to the plaintiff 96,514,830 won, and damages for delay calculated at the annual rate of 15% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the date of the last supply to December 30, 2015, as requested by the plaintiff.
B. The Defendant alleged that there was an agreement between the Plaintiff and the Defendant to reduce the amount of KRW 35,483,170, out of the price of the instant goods. However, there is no evidence to support that there was an agreement between the Plaintiff and the Defendant on the reduction of or exemption from the price. 2) The Defendant asserted that, as the Plaintiff issued tax invoices of KRW 20,68,520, total amount of KRW 20,768,550, total amount of KRW 19,206,00, total tax invoices of KRW 19,200,00, total amount of KRW 30,658,070, which was issued by the Plaintiff as of March 30, 201, should be deducted from the price of the instant goods.
However, the claim for the price of the instant goods is a claim for the price of the goods against the “B” operated by the Defendant, and even if the Plaintiff did not provide the goods specified in the said tax invoice issued by the “C” or “D” as alleged by the Defendant, it is not of the nature to deduct the goods from the price of the goods. Therefore, this claim
3) On May 2, 2012, the Defendant: (a) on May 2, 2012, the Plaintiff KRW 16,500,000 (electronic bill E and face value 27,500) issued by the pertinent school foundation.