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1. The Defendant’s KRW 452,764,730 as well as 6% per annum from August 7, 2016 to November 28, 2016 to the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is a company that runs the business of selling synthetic resin with the trade name of “B” and the Defendant is a company that manufactures and sells optical materials.
B. The Plaintiff supplied goods, such as synthetic resin, to the Defendant from August 2015 to August 6, 2016, and the Defendant’s payment for the goods that the Plaintiff did not pay to the Plaintiff by the said date is KRW 471,08,130.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings
2. The judgment on the cause of the claim is based on the facts that the amount of the goods unpaid to the plaintiff is 471,08,130,000 won as seen earlier. Meanwhile, at the defendant's request, the plaintiff issued a false tax invoice to the defendant seven times, and 18,323,400 won, which is the amount equivalent to the value-added tax, out of the total value of supply under the tax invoice, should be deducted from the amount of the goods unpaid to the plaintiff by the defendant. Thus, the above amount should be deducted from the amount of goods that the defendant should pay to the plaintiff.
Therefore, the Defendant is obligated to pay to the Plaintiff 452,764,730 won (i.e., KRW 471,08,130 - KRW 18,323,400), as requested by the Plaintiff, 6% per annum under the Commercial Act from August 7, 2016 to November 28, 2016, which is the day following the day on which the Defendant finally supplied goods to the Defendant, and 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the following day to the day of full payment.
On the other hand, the defendant supplied and purchased goods between the plaintiff and the plaintiff, and decided to offset the price of goods supplied by the defendant to the plaintiff and the price of goods supplied by the plaintiff. Thus, the plaintiff's assertion that the price of goods supplied by the defendant should be offset
However, the plaintiff is required to obtain a loan from the Small and Medium Business Corporation.