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(영문) 광주지방법원 2019.04.18 2018가합57310
물품대금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

In light of the following circumstances, the evidence submitted by the Plaintiff, including evidence Nos. 6 and 10, is insufficient to acknowledge that the Plaintiff supplied the goods to the Defendant, and there is no other evidence to acknowledge that the goods were supplied to the Defendant.

1) The Plaintiff asserts that the goods were supplied on the basis that the above (1) through (6) tax invoices were issued. However, the above (1) through (6) tax invoices claim that the minimum unit of the supply price is KRW 0 million or KRW 600,000,000, and the supplied items are also simply “out the structure,” or “out the body,” while most of the tax invoices for the goods that the Defendant was actually supplied are written on the basis that the minimum unit of the supply price is 0,000,000 won and the supplied items are 0,000,000 won and also the supplied items are 60,790*. In light of this, the above tax invoices for the goods are likely to be issued without actually supplying the goods, and the Plaintiff asserts that the goods were actually supplied on the basis of the transaction specifications for the goods (1) through (6).

However, the authenticity is not recognized because the seal of the defendant is not affixed to the transaction statement submitted by the plaintiff, and the following reasons are likely to have been prepared without supplying the actual goods.

① The description of the transaction list on the goods is indicated as “C” and “D” and the description of the goods is simply indicated as the description of the goods in the transaction list. This is the name of the other transaction list submitted by the Plaintiff.

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