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(영문) 수원지방법원 2015.09.16 2014나34741
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. Basic facts

A. The plaintiff is a corporation established for the purpose of the wholesale business of alcoholic beverages, etc., and the defendant is the person who operated the main points in the trade name B.

B. The Plaintiff supplied alcoholic beverages to the Defendant from September 16, 201 to March 30, 2012.

[Ground for Recognition: Facts without dispute, Gap evidence 1, 3, and 5 (including each number; hereinafter the same shall apply)

(2) Each entry and the purport of the whole pleading

2. The parties' assertion

A. The plaintiff alleged that the plaintiff supplied alcoholic beverages to the defendant for the above period, and did not receive 14,095,000 won for alcoholic beverages.

Therefore, the defendant shall pay the above amount of money and damages for delay to the plaintiff.

B. The defendant's assertion that there is no price for goods payable to the plaintiff.

The liquor price that the plaintiff is seeking as the lawsuit of this case is made by manipulating false sales records by the plaintiff and C, the actual operator of the plaintiff and B.

3. Determination

A. 1) The Plaintiff issued an electronic tax invoice as of the end of each month with the Defendant supplied alcoholic beverages to the Defendant. The total amount of the tax invoice issued is KRW 54,501,110 (i.e., KRW 3,765,124 (i.e., KRW 3,765,124) (i.e., KRW 2,302,478; KRW 9,747,950 on November 2, 2011; KRW 7,992,174, KRW 174 on January 9, 2012; KRW 424,347, KRW 2012; KRW 10,043,810 on February 11, 2012; KRW 225,217); and the balance remaining after signing the tax invoice with the Defendant’s managing director’s signature on KRW 31,206, Mar. 16, 2012; and

3) The Plaintiff supplied the Defendant with alcoholic beverages equivalent to KRW 2,06,060 on March 28, 2012, and KRW 2,535,70 on March 30, 2012. On March 30, 2012, the Plaintiff terminated the transaction after receiving KRW 2,057,80 from the Defendant as the liquor price. 4) According to the transaction statement (supplier) and deposit status submitted by the Plaintiff, the Plaintiff total amount of the Plaintiff to the Defendant.

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