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1. The Defendant shall pay to the Plaintiff KRW 21,00,000 and the interest rate of KRW 15% per annum from November 14, 2015 to the date of full payment.
Reasons
1. Facts of recognition;
A. The Gwangju District Construction Co., Ltd. (hereinafter referred to as “Seoul District Construction”) contracted the Defendant with the construction of a new building (hereinafter referred to as “Seoul District Construction”).
B. On April 29, 2015, the Plaintiff supplied goods, such as 36,00,000 won at the construction site at the above construction site, as well as spoods.
[Ground of recognition] Facts without dispute, Eul evidence Nos. 1 and 7, the purport of the whole pleadings
2. The plaintiff asserts that the plaintiff supplied the defendant with goods equivalent to KRW 36,00,000,000, and claimed the remainder of the goods by asserting that only 15,000,000 was paid for the goods.
In this regard, the defendant alleged that the plaintiff could not claim the price of the goods against the defendant since he supplied the above goods to the Sejong Construction, not to the defendant.
3. Determination
A. On May 13, 2015, the Plaintiff issued a tax invoice consisting of KRW 36,000,000 for the total amount to the Plaintiff who was supplied with the Defendant. On May 14, 2015, the Defendant remitted the amount of KRW 15,000,000 to the Plaintiff, which was part of the said KRW 36,00,000, out of the total amount, to the Plaintiff, is either deemed to be in accordance with the purport of the evidence and the entire pleadings and there is no dispute between the parties.
According to the above facts, it is reasonable that the other party who supplied the goods is the defendant, as the plaintiff 1-B.
B. The Plaintiff, as stated in paragraph 1-b, had prepared a quotation to the tax source construction before the supply of the goods, and the tax source construction remitted KRW 26,720,00 to the Defendant on May 14, 2015 (Evidence B 1 and 6) and the evidence set forth in subparagraphs B and B-5 alone.
the approval of the subsection of this subsection is insufficient, and there is no other evidence.
(If the other party who supplied the goods by the Plaintiff supplies the goods, the tax source construction pays the price for the goods to the Plaintiff through the Defendant, and there is no reason to require the Plaintiff to issue the tax invoice to the Plaintiff as the person to whom the goods are supplied).
Therefore, the defendant shall pay 21,00,000 won (36,000,000 won - 15,000,000 won) to the plaintiff as of the date of payment.