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1. The Defendant shall pay to the Plaintiff KRW 27,178,149 and the interest rate of KRW 15% per annum from October 1, 2016 to the day of complete payment.
Reasons
1. The following facts may be found in each entry in Gap evidence Nos. 1 to 4 and 6 (including paper numbers), by integrating the whole purport of the pleadings:
The plaintiff is a corporation that has its head office in the Bupyeong-gu Seoul Metropolitan Government and runs the business of manufacturing, processing, selling, and distributing food, and the defendant is a person who runs the wholesale and retail business, such as food, beverages, miscellaneous products, and fruits, with the trade name "C" in the Ansan-si.
B. The Plaintiff entered into a continuous supply contract with the Defendant and supplied food, etc. to the Defendant until November 7, 2014, but did not receive KRW 28,038,608 (including value-added tax) out of the price of the goods.
2. The assertion and judgment
A. According to the above facts of determination as to the cause of the claim, the defendant is obligated to pay the plaintiff the unpaid amount of KRW 28,038,608.
However, the Plaintiff issued a tax invoice for KRW 8,604,595 out of the transaction amount with the Defendant, thereby causing damage equivalent to value-added tax 860,459 on the amount of non-issuance of the said tax invoice, and requested only the payment of KRW 27,178,149 (=28,038,608,608-860,459) remaining after deducting the amount of the said amount of damage from the amount of the unpaid goods. The Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 15% per annum from October 1, 2016 to the date of full payment, as sought by the Plaintiff.
B. The Defendant asserts that the claim for deduction based on the claim for damages based on the non-issuance of the 1 tax invoice on the Defendant’s assertion is based on the amount of 49,121,046 won out of the transaction amount without any grounds, which was issued by the Plaintiff, and thereby did not issue the 49,121,04 won of the 49,106 won of the transaction amount.