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Reasons
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(영문) 청주지방법원 2014.12.24 2013가합3177
물품대금 등
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1. On the Plaintiff (Counterclaim Defendant),

A. The Defendant (Counterclaim Plaintiff) B is from July 30, 2013 to KRW 62,218,621 and the Defendant (Counterclaim Plaintiff).

Reasons

1. The principal lawsuit and counterclaim shall also be deemed to exist;

A. The Plaintiff and Defendant B’s contractual relationship 1) operated a business of providing simplified goods at the construction site, etc. with the trade name “D” from around April 2007. (2) Defendant B served as the Plaintiff’s employee from around May 2009 to April 2010. From around May 2010, Defendant B supplied a tax invoice under the Plaintiff’s name and issued a simplified goods to the construction site, etc., and provided a simplified goods at the construction site, etc. on August 27, 2012, and was supplied by the Plaintiff from around September 2012 to around March 2013.

3) On November 30, 201, Defendant B made a business registration under the name of F, which is “E” and issued a tax invoice of KRW 49,611,850 in F’s name, while selling food goods supplied by the Plaintiff to the customer before the business registration was made under the said name. Defendant B supplied goods to the customer before the business registration was made under the said name. Defendant B issued a tax invoice of KRW 500,747,590 in total under the Plaintiff’s name, while selling the food goods supplied by the Plaintiff to the customer before the business registration was made under the said name.

5) The amount of money that Defendant B received from the Plaintiff and sold to the customer in the name of F and received as the price for the goods is KRW 124,971,00.6) Defendant B issued a tax invoice from September 2012 to March 2013 by the Plaintiff is KRW 179,856,800.

7) Defendant B received food goods from the Plaintiff from May 2010 to March 2013, 2013 and sold them to the customer. The Plaintiff is the customer and F (hereinafter “Defendant B, etc.”) sold by Defendant B and Defendant B.

(A) received 646,094,396 won as the price for the goods. [The facts that there is no dispute over the basis of recognition, Gap evidence 1, Eul evidence 2-1, Eul evidence 4-1, 2, and Eul evidence 4-1, 7.

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