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(영문) 서울중앙지방법원 2019.09.27 2019가단5085108
물품대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

The Plaintiff asserts that, according to the agreement with C, the Defendant is liable to pay the remainder of the tax invoice by asserting that the Plaintiff supplied the goods to be supplied to the Korea District Heating Corporation according to an agreement with C and traded electronic tax invoices issued by the Defendant, which are equivalent to KRW 113,088,965, around November 10, 2017 and received KRW 30,000,000 from the Defendant on December 6, 2017.

In this regard, the defendant asserts that C received false purchase data from C according to C's proposal and deposited 30,000,000 won in relation thereto, and that there was no transaction with C.

On the other hand, the evidence submitted by the Plaintiff alone is insufficient to recognize that the Defendant traded goods from the Plaintiff (in light of the Defendant’s assertion, only the issuance of electronic tax invoices and payment details can not be recognized, and the agreement submitted by the Plaintiff does not coincide with the contents of the agreement, and there is no evidence to acknowledge that the Defendant received goods directly or indirectly). The Plaintiff’s claim is dismissed as it is without merit.

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