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(영문) 서울중앙지방법원 2015.06.05 2014나29840
물품대금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The following facts do not conflict between the parties, or evidence Nos. 1, 2, 12, 13, and 14 (including the number with which each number is attached; hereinafter the same shall apply) of Gap's 1, 2, 12, 13, and 14 (including the number with which each number is attached; hereinafter the same shall apply). Since the defendant alleged that Eul's certificate No. 13 (Certificate of Delivery) was forged, the authenticity of the document is presumed to have been established as the whole due to the lack of dispute in the defendant's seal image part, and there is no evidence to acknowledge the defendant's assertion. The defendant

Around August 6, 2012, the Defendant carried out D Construction Proposal work with Eswon Co., Ltd., and around August 6, 2012, the Defendant’s employees C ordered the Plaintiff to contract down payment of KRW 18,700,000 to the graphic image production work for the said work (hereinafter “instant work”).

B. From August 2012 to October 2010 of the same year, the Plaintiff completed the instant work and delivered the traffic image to C. On October 10, 2012, the Plaintiff was issued a delivery inspection certificate (No. 13) with the Defendant’s seal imprint affixed thereon.

C. On November 1, 2012, the Plaintiff requested issuance of an electronic tax invoice (Evidence A No. 14), stating that: (a) the Plaintiff’s supplier as of November 1, 201; (b) the Defendant’s recipient; (c) the supply price of KRW 17,00,000; and (d) the total amount of KRW 18,70,000; and (c) the Defendant approved issuance of the tax invoice.

Then, the Plaintiff and the Defendant’s representative director E agreed to pay the Plaintiff KRW 18,700,000 for the instant work on November 30, 2012, and the Defendant paid KRW 10,000 to the Plaintiff by November 30, 2012 and KRW 8,700,000 until December 15, 2012 (hereinafter “instant agreement”).

2. Assertion and determination

(a) Determination of the cause of the claim, but the tax invoice is a disposition document.

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