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1. Defendant A shall pay to the Plaintiff KRW 65,324,953 and the interest rate of KRW 15% per annum from April 27, 2016 to the date of full payment.
Reasons
1. Facts of recognition;
A. The Plaintiff is a company that produces gold-type and wholesale and retail business. Defendant A is a company that is a representative director after Defendant A establishes a building located on the F land adjacent to the E business place, which is located in the name of the Plaintiff from around 2010, while operating a personal business entity with the trade name of “E” in Ansan-si C (However, the location of the business place is the D in terms of harmony). Defendant B is a company that is a representative director after Defendant A establishes a building located on the F land as its head office.
B. From around 2010 to September 201, 201, the Plaintiff supplied Defendant A with the total amount of KRW 100,100,858 ( KRW 16,113,108, KRW 83,987,750, KRW 201). Defendant A paid KRW 88,405,676, out of the price of the goods.
C. On September 28, 2011, Defendant A founded Defendant B, Inc., Ltd., and around that time, issued a copy of the Defendant B’s business registration certificate to the Plaintiff, and stated “E. from October to October in preparing a tax invoice, I would request the Plaintiff to use this business registration certificate.”
Accordingly, the Plaintiff continued to supply goods and issued a tax invoice with Defendant B as the recipient of the goods from October 201. From October 201 to May 2013, 201, the Plaintiff issued the tax invoice with Defendant B as the recipient of the goods from October 201 to May 2013, 56,629,71 won in total and three million won in total.
[Ground of recognition] Unsatisfy, Gap 1-6 (including virtual number), and the purport of the whole pleadings
2. Determination as to the part of the claim against Defendant A
A. The gist of the parties’ assertion was that the Plaintiff was supplied with the Defendant A (E) through September 201 when trading with the Defendant, and the Plaintiff issued a tax invoice with respect to the goods provided to the Defendant A at the request of the Defendant A after the establishment of the Defendant Company B, and then issued a tax invoice with respect to the goods provided to the Defendant A from October 201 to the Defendant at the request of the Defendant Company B. The Plaintiff issued the tax invoice to the Defendant A.