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Reasons
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(영문) 인천지방법원 2014.02.20 2012나21614
물품대금
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1. The part against the plaintiff falling under the following order of payment among the judgment of the court of first instance shall be revoked:

2...

Reasons

1. Basic facts

A. The Plaintiff is a legal entity that manufactures reinforced glass and wholesale and retail business, etc., and the Defendant is an individual who runs a business of manufacturing reinforced glass with the trade name “B”.

B. From around October 24, 2004 to October 24, 2006, the Plaintiff supplied favorable goods to the Defendant respectively at the Incheon workplace from October 2006 to April 15, 2008. According to the Plaintiff’s transaction report (Evidence A21) and the head of the Sales Office (Evidence A23), the remainder of the price of the goods against the Defendant based on October 31, 2006 at the place of business of difficult difficult cancer is KRW 152,130,68, and the remainder of the price of the goods against the Defendant as of September 12, 2008 at Incheon’s workplace is KRW 8,386,646.

C. From February 7, 2007 to February 12, 2010, the Plaintiff received a total of KRW 100,000,000 from the Defendant.

【Reasons for Recognition: Evidence Nos. 2-1, 2, 3, 21, 22, and 23; the purport of the whole pleadings

2. The Plaintiff’s assertion that the parties concerned claimed payment of KRW 60,517,00 for the goods (i.e., KRW 152,130,688 won - KRW 8,386,646 won - KRW 100,00,000,000) to the Defendant. Accordingly, the Defendant asserted that the goods were supplied by “actual transaction price” rather than “supply price,” and that the goods were paid in full.

3. Determination

A. 1) The Plaintiff, from around 204 to April 15, 2008, supplied the Defendant with goods, such as reinforcement glass, etc. during the transaction period, and received from the Defendant the price of goods from time to time after calculating the supply price according to the transaction statement, and then deducted the amount of goods discounted by a certain ratio or a certain amount according to the sales amount from the end of each month as “DC and Enuri” item.

B. Report on transactions by period is an accounting document prepared and kept electronically on the basis of the ledger of the Ministry of Trade, Industry and Energy prepared by each customer, and an amount of discount is included in the “inbound sales”.

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