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(영문) 울산지방법원 2020.07.07 2018가단10189
물품대금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 13,794,847 to the Plaintiff (Counterclaim Defendant) and its amount from July 1, 2018 to May 1, 2019.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. As to the Plaintiff’s principal claim for transaction price

A. 1) The Plaintiff is a company that runs the aggregate extraction business. The Plaintiff is a company that operates the aggregate extraction business.

B) The Plaintiff and the Defendant, while engaging in the business of supplying and transporting aggregate from November 2014 to October 2017, sold aggregate and consigned to the Defendant for sale and consignment of aggregate, received a tax invoice with respect to the payment of each trade name, and remitted or paid the payment in bills. D) Meanwhile, the Defendant used the vehicle under the Plaintiff’s name by leasing the vehicle, and the Plaintiff issued a tax invoice with respect to the payment of the lease amount, and paid the amount to the Plaintiff. (E) Furthermore, the Plaintiff sold the construction equipment that the Defendant used to the Defendant at around October 2016, and paid the fees by leasing and using it from the Defendant.

F) In the same transaction as described in the above (c), (d), and (e), the total amount of the tax invoices issued by the Plaintiff to the Defendant is KRW 851,439,020. The total amount of the tax invoices and the total amount of cash received by the Plaintiff from the Defendant is KRW 826,218,663, and the difference is KRW 25,220,357, which is the amount that the Plaintiff would have received from the Defendant, and the difference is KRW 25,220,357, which is the amount that the Plaintiff would have received from the Defendant. The total amount of the tax invoices issued by the Defendant to the Plaintiff is KRW 234,326,658, and the amount of cash received by the Defendant is KRW 257,247,400, which is the amount that the Plaintiff would have received from the Defendant.

[Grounds for recognition] The facts without dispute and the purport of the entire pleadings. 2) The defendant, according to the judgment of the court below, shall be the plaintiff, and 48,141,099 won (=25,220,357 won 22,920,742 won) which is the same as the plaintiff's primary claim, subtracting the amount of KRW 34,346,252 won, which is the remainder of 13,794,847 (i.e., the principal of the settlement amount of KRW 48,141,09 won, KRW 34,346,252) which is the same as the plaintiff's primary claim.

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