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(영문) 대구지방법원 2015.04.28 2014가단38873
물품대금
Text

1. The Defendant’s KRW 26,310,750 for the Plaintiff and 6% per annum from November 1, 2012 to April 28, 2015.

Reasons

1. Basic facts

A. The plaintiff is a person who runs the wholesale and retail business of electricity and electronic parts with the trade name of "C", and the defendant is a person who runs the electrical construction business with the trade name of "D".

B. On October 2010, the Plaintiff became aware of the Defendant while supplying the Defendant with electric materials, such as cables, various locations, contact boxes, and terminals necessary for electrical construction, among the Mosel Repair and Repair Works in Daegu Suwon-gu E, 2010.

C. On April 201, the Plaintiff issued a tax invoice by stating that the Defendant would pay the price for the electric equipment required for the studio electrical construction (multi-household housing) in Daegu-gu, Daegu-gu (hereinafter “instant construction”) from F (specific status), upon receipt of a proposal from the Defendant, supplied the electric equipment to the construction site of this case from around that time, and entered the Defendant as the recipient of the electric equipment supplied from April 201 to June 201.

Around July 13, 2011, the Defendant paid to the Plaintiff KRW 1,170,950 as tax invoices for transactions on May 201, 201, and paid KRW 5 million on November 10, 201, KRW 500,500,000 on January 20, 2012, KRW 919,370 on February 29, 2012, and transferred KRW 5 million to the Plaintiff by indicating the person sent from the Defendant’s account as “F” on February 29, 2012.

E. The Plaintiff supplied electric equipment to October 201 at the site of this case for which no tax invoice was issued (including value-added tax) KRW 31,310,750 (including transaction 12,090,320 on which the tax invoice was issued) in transaction 31,310,750 (excluding value-added tax, condition that no value-added tax is paid)-1,170,950 won-5,000 won-5,000-919,370 won-5,000,370 won,00,000 won).

[Ground of recognition] A without dispute, Gap evidence Nos. 1 through 3 (including each number; hereinafter the same shall apply), Eul evidence Nos. 1 and 2, witness F's statement, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion by the parties is with merit.

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