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(영문) 대전지방법원서산지원 2016.04.07 2015가합50070
물품대금
Text

1. The Defendant’s 20% per annum from March 5, 2015 to September 30, 2015 to China’s Republic of China’s Republic of China’s Republic of China’s Republic of China’s Republic of China’s Republic of China’s Republic of China’s Republic of China Republic of Korea

Reasons

1. Basic facts

A. From around January 22, 2009 to January 22, 2013, the Plaintiff supplied China to C and D Co., Ltd. (hereinafter “instant sales contract”).

From March 14, 2011 to January 22, 2013, the Defendant: (a) imported USD 15,403,66.90 from USD 12,56; (b) filed a false declaration of the fact that the Defendant had imported USD 2,445,75km in USD 12,565,50; and (c) evaded customs duties of USD 2,838,161.05,370, which shall be imposed on USD 2,838,161.05, which shall be imposed on USD 321,575,370.

For reasons, the judgment was rendered on August 28, 2014, and the judgment became final and conclusive around that time.

[Reasons for Recognition] Uncontentious Facts, Entry of Evidence A No. 3 and the purport of whole pleadings

2. The parties' assertion

A. The Plaintiff, at the Defendant’s request from March 14, 201 to January 22, 2013, entered false matters in trade documents by lowering the quantity and unit price of the Bedra from March 14, 2011 to January 22, 2013, and supplied a total of 2,472,941km to the Defendant by way of entering a separate statement of accounts in real transactions and sending it by facsimile. Of these, the sales amount remaining without being paid is the 755,342 bill in China.

B. At the time of January 2013, the Plaintiff’s settlement date, as the Plaintiff was the party to the instant sales contract, and thus, the Defendant does not bear the obligation to pay the purchase price.

In addition, since the settlement of accounts prepared by the Plaintiff is not reliable, the amount of the supply should be calculated on the basis of the import declaration. In addition, it is calculated on the basis of the above import declaration, the purchase price already was paid.

In addition, the plaintiff suggested to the defendant for the evasion of taxes through the under-reported report of corporate sales in China, which is an act contrary to good customs and other social order, and Article 746 of the Civil Code.

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