(영문) 인천지방법원 부천지원 2017.01.11 2016가합966

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(영문) 인천지방법원 부천지원 2017.01.11 2016가합966

물품대금

Text

1. The Defendant shall pay to the Plaintiff KRW 281,754,550 and the interest rate of KRW 15% per annum from July 8, 2016 to the day of complete payment.

Reasons

1. Facts of recognition;

A. 1) The Plaintiff Co., Ltd. (hereinafter “Nonindicted Company”) entered into the instant goods supply contract

(2) Although industrial films, etc. were supplied to the non-party company, the non-party company rejected the supply of goods to the non-party company as it did not receive the goods from the non-party company. 2) The parties introduced the defendant to the plaintiff. When the plaintiff supplied goods to the defendant, the defendant agreed to maintain the transaction by re-supplying the goods supplied by the plaintiff to the non-party

B. From October 2014 to January 2015, the Plaintiff issued a tax invoice stating that the Plaintiff supplied the goods in accordance with the above agreement, and that the Plaintiff supplied the Defendant a total of KRW 678,590,000 (including value-added tax) industrial films equivalent to KRW 678,590 (including the value-added tax).

In addition to 3.3% of the amount of the above tax invoice issued, the Defendant issued a tax invoice stating that the above industrial films were supplied to the non-party company.

C. On June 30, 2015, the Defendant: (a) prepared a written notice of confirmation of transaction balance (Evidence A) stating that the amount of the goods unpaid to the Plaintiff as of June 30, 2015 is KRW 394,690,000; and (b) issued it to the Plaintiff. (c) On March 21, 2016, the Defendant requested a payment order against Nonparty Company and its representative director B to pay KRW 400,79,400 to the Plaintiff.

On June 8, 2016, the Plaintiff sent to the Defendant a certificate of content that the Plaintiff would pay the unpaid amount of KRW 281,754,550 to the Defendant within 15 days after delivery (Evidence A 4).

[Reasons for Recognition] A without dispute, Gap evidence 2-4, Eul evidence 2, Eul evidence 4, part of Eul evidence 4, the purport of the whole pleadings

2. The conclusion process of the instant contract for the supply of goods is examined as to the cause of the claim.

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