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1. The Defendant shall pay to the Plaintiff KRW 347,369,760 and the interest rate of KRW 15% per annum from October 31, 2017 to the date of full payment.
Reasons
1. Facts of recognition;
A. The Plaintiff is a company that manufactures ELD lighting fixtures, etc., and the Defendant is a company that engages in wholesale and retail business of lighting fixtures, etc.
B. 1) The Plaintiff entered into a contract for the supply of goods between the Defendant and the Defendant, as well as the Plaintiff, is the non-party 3-development range of Korea Co., Ltd. (hereinafter referred to as “Korea set range of Korea”) with the ELD type 18W et al.
(2) A contract for continuous supply to the Plaintiff (hereinafter “instant contract”) was concluded, and accordingly, the Plaintiff supplied the said goods to Nonparty Korea Korea Dozers, etc. from June 2016 to August 2017. 2) The payment under the instant contract was made by issuing a tax invoice to the Defendant on the amount requested by the Plaintiff at the last day of each month, if the Plaintiff issued the tax invoice to the Defendant on the amount requested by the Plaintiff, the payment was made by the Defendant in the following month.
C. From December 3, 2016 to the date of approval for only a part of the price of the above goods, the Defendant continued to delay the payment of the above goods by the method of obtaining approval. According to the Plaintiff’s evidence No. 3,500,000 won in the portion of the tax invoice claim until May 2017, the Plaintiff indicated that the outstanding amount of the claim for the tax invoice before May 2017 is KRW 30,000,000. However, the Plaintiff’s reduction of the claim amount to KRW 347,369,760 from KRW 417,332,00 in the first legal date of pleading of the instant case from July 3, 2017, the difference between KRW 68,462,240, and KRW 1,500,000 in the outstanding amount and KRW 30,000 in the amount of the tax invoice claim before the first legal date of pleading, and there was no dispute over the claim amount to KRW 2005,20005.
Plaintiff’s tax invoice claim amounting to KRW 64,375,520 on June 2017 and KRW 70,202,880 on July 2017 were not yet paid to the Plaintiff.
On the other hand, tax invoices are issued.