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(영문) 광주지방법원 2020.11.13 2019가단528324
물품대금
Text

The Plaintiff

A. Defendant B Co., Ltd. shall be KRW 40,000,000 and shall be annually from February 1, 2019 to November 13, 2020.

Reasons

1. Basic facts

A. The Plaintiff is a company that engaged in the tyres and tubes manufacturing business and manufactures and sells automobile tyres, etc. The Defendants concluded a different supply contract with each Plaintiff and received different terms. The Defendants’ transactions with the Defendants were in full charge of the employees of the Gwangju Branch of the Plaintiff Company F.

B. F ordered the Plaintiff with a view to raising one’s own business performance, and subsequently, F received direct delivery of typists from the Plaintiff and sold them at a lower price than the price.

Accordingly, the outstanding amount has been generated in the name of the defendants.

Defendant B (hereinafter “Defendant B”)

C. On January 20, 201, Defendant B entered into a separate supply contract with the Plaintiff on January 20, 201, and concluded a separate supply contract with the Plaintiff, Defendant B paid the price in cash within 30 days after the issuance of the tax invoice, but paid damages for delay at the rate of 10% per annum if the settlement date expires.

The Plaintiff issued a tax invoice that ordered 90,213,831 won in the name of Defendant B, among which 5,39,928 won was paid, and the remainder of 84,813,903 won was not paid.

Defendant C

E. On February 1, 2016, Defendant C entered into a mutual agreement with the Plaintiff on the supply of different terms on February 1, 2016, and the other amount shall be paid in cash within 30 days after the issuance of the tax invoice, but if the settlement date is set at the settlement date, Defendant C shall pay damages for delay at the rate of 10% per annum

F. The Plaintiff issued a tax invoice that ordered 61,514,369 won in the name of Defendant C, which was not repaid.

Defendant D

G. Defendant D concluded a supply contract with the Plaintiff on November 10, 2017 with the trade name of “H” and concluded a separate supply contract with the Plaintiff on November 10, 2017, and concluded that the payment shall be made in cash within 30 days after the issuance of a tax invoice, but, if the payment date exceeds the payment date, the payment for delay by 10% per annum

H. The Plaintiff, in the name of Defendant D, is in the amount of KRW 20,096,448.

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