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1. The Defendant shall pay to the Plaintiff KRW 90,00,000 and the interest rate of KRW 15% per annum from May 28, 2016 to the date of full payment.
Reasons
1. Facts of recognition;
A. The Plaintiff is a company that operates solar light chain distribution business, and the Defendant is a company that operates new and renewable energy parts and equipment manufacturing and distribution business, and solar power generation facility business.
B. On October 14, 2015, the Plaintiff remitted KRW 90 million to the Defendant’s account. On September 30, 2015, the Defendant issued an electronic tax invoice with the purport that the Plaintiff supplies solar energy ruptures of KRW 176,880,00 to the Plaintiff prior to the transfer as above.
C. On November 16, 2015, the Plaintiff received e-mail from C, working as the head of the Energy Business Department of the Defendant Company, and prepared and sent to the Defendant an order as of September 18, 2015, with the content of “the week of launch: September 18, 2015; the name name: So-called solar cells: 960; the unit price: 167,500 won: the amount: 160,800,000 won.”
On December 1, 2015, the Defendant sent to the Plaintiff a document stating that “the payment of KRW 86,880,000 (limited to the amount of KRW 176,880,00,00,00,000,000,000,000, which was delivered by the Defendant to the Plaintiff was delayed from the supply price of the tax invoice) to the Defendant.” On December 4, 2015, the Defendant sent the document stating “the case of demanding the payment of the fastening price,” to the Plaintiff by content-certified mail, and on December 4, 2015, the Plaintiff sent the document to the Defendant that “the Plaintiff ordered the Defendant on September 18, 2015, but did not have been supplied, so the Defendant returned KRW 90,000,000,000,000,000,000,000,000 to the sales tax invoice issued by the Defendant,” by content-certified mail.
E. Meanwhile, in collusion with E, the representative director of the Defendant’s Energy Business Department C, the Defendant Company, as the solar light supplier without the Defendant’s approval.