logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2016.09.08 2016나23594
청구이의
Text

1.The judgment of the first instance shall be modified as follows:

Seoul Central District Court 2013j. 159130.

Reasons

1. Basic facts

A. The Plaintiff is a publishing company that develops and sells English textbooks, and the Defendant is a printing company that prints publications, etc.

B. From August 31, 2011 to November 30, 2013, the Plaintiff made a transaction by requesting the Defendant to print publications 14 times with the Defendant and delivering printed publications.

C. Around August 2013, the Defendant filed an application with the Plaintiff for a payment order claiming payment of the amount of KRW 63,604,000 for the unpaid goods from August 201 to May 2013 as Seoul Central District Court Decision 2013 tea159130.

On August 13, 2013, the above court issued a payment order stating that "the plaintiff shall pay to the defendant 63,604,000 won with 20% interest per annum from the day after the original copy of the instant payment order was served to the day of full payment" (hereinafter "the instant payment order"), and around that time, the instant payment order became final and conclusive.

[Ground of recognition] Facts without dispute, Gap evidence 1-2, Gap evidence 2, Eul evidence 1-2, Eul evidence 2 (including each number), the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion 1) The Defendant reduced the amount equivalent to 7% of the price of goods during the transaction of supplying printed materials with the Plaintiff. However, the transaction statement and tax invoice issued by the Defendant to the Plaintiff were written in an amount that does not reflect the reduction agreement, but the Plaintiff agreed to reflect the reduced amount of 7% at the time of settlement of the price of goods. 2) The total price of goods on the tax invoice issued by the Defendant from August 31, 201 to May 23, 2013, which was the cause of the claim for the payment order of this case, was 306,231,200 won (including value-added tax) or the total price of goods calculated according to the standards agreed by the Defendant, including value-added tax, was 281,047,12,237 won.

3) Therefore, the remaining amount of the Plaintiff’s debt out of the amount of goods from August 31, 201 to May 23, 2013 shall be KRW 3,934,891 (306,231,200).

arrow