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(영문) 서울남부지방법원 2015.12.11 2014가단59921
물품대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Judgment on the plaintiff's assertion

A. The plaintiff's assertion is a company that engages in the wholesale and retail business of lighting and lighting parts with the trade name "C" in Seo-gu Incheon Metropolitan City, and the defendant is a company that engages in the manufacturing, wholesale and retail business of lighting and lighting in its domicile.

The Plaintiff supplied lighting fixtures to the Defendant, which is equivalent to KRW 96,932,00 (including value-added tax) in total to KRW 57,636,70 on July 14, 2012, and KRW 39,295,30 on August 25, 2012 as of the date of issuance of the tax invoice, and was not paid from the Defendant.

Therefore, the Defendant is obligated to pay the Plaintiff the above amount of KRW 96,932,00 and damages for delay from August 25, 2012, which is the date of issuance of the second tax invoice, to the date of full payment.

B. On the other hand, as alleged by the Plaintiff, whether the Defendant left 96,932,00 won for the goods that the Defendant did not pay, as alleged by the Plaintiff, the Plaintiff submitted evidence No. 1 (two copies of the tax invoice) as to the above goods price, and each of the above tax invoices seems to be kept by the supplier, which is the supplier.

On the fourth day for pleading, the defendant stated that each of the above tax invoices was issued in the name of the defendant for convenience because the purchase data was written at the time of the new company.

In full view of each of the statements in Eul evidence Nos. 1 through 7, the court below issued a lawsuit against the plaintiff for the payment of goods by 2013Gapo19852 from the Incheon District Court Decision 2013 Dapo19852, Nov. 27, 2013; and the defendant filed a lawsuit for the claim for the payment of goods by 2630,000 won against the plaintiff on Nov. 27, 2013; and the defendant filed a lawsuit for the payment of goods by 2013Gapo19876 from the above Kimpo-si Court Decision 2013, Nov. 27, 2013; and the defendant filed the lawsuit against the plaintiff on Nov. 27, 2013.

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