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(영문) 대전지방법원서산지원 2016.01.20 2015가단7161
물품대금
Text

1. The Defendant’s KRW 25,375,219 as well as the Plaintiff’s KRW 6% per annum from June 1, 2014 to September 3, 2015, and from September 4, 2015.

Reasons

1. Claims and issues

A. The Plaintiff asserted that the Plaintiff supplied 35,375,219 won to the Defendant on the basis of the tax invoice, which was the sum of KRW 15,224,649 on March 31, 2014, and KRW 20,150,570 on April 30, 2014. However, the Defendant paid only KRW 10,00,000 to the Plaintiff out of the said price.

Therefore, the defendant should pay to the plaintiff the remaining amount of 25,375,219 won and damages for delay.

B. The parties that concluded a goods supply contract with the Defendant are B, C or D companies.

Even if the Defendant has the obligation to pay the price for the goods, only the goods equivalent to KRW 9 million supplied to the Seo-gu Incheon E site is liable.

C. Ultimately, the key issue of the instant case is whether the Plaintiff is liable to pay the price for the goods supplied by the Defendant, and the scope thereof.

2. The following facts can be acknowledged in light of the following facts according to Gap evidence Nos. 1 to 9, the results of the submission of taxation information and the purport of the entire pleadings.

From February 5, 2014 to November 12, 2014, the Defendant engaged in real estate rental business, etc. with the trade name "F" in Seo-gu Incheon Metropolitan City E.

The Plaintiff supplied a short-term material with the following details, and issued an electronic tax invoice, which entered as the Defendant (F, name: F, name: A).

On February 28, 2014, KRW 4,318,600 / 15,224,649 on March 31, 2014, KRW 20,150,570 on April 30, 2014, the Defendant paid the Plaintiff KRW 4,318,600 on March 7, 2014, and KRW 10,000,000 on April 10, 2014, and filed a return on electronic tax invoices received from the Plaintiff in the Seocheoncheon Tax Office with the purchase amount.

The purchase price of the goods supplied by the plaintiff and the purchase price reported by the defendant shall be 39,693,819 won.

According to the above facts, the defendant was issued an electronic tax invoice that he received and paid part of the price for the goods. As to the goods supplied by the plaintiff, the price for the goods supplied by the plaintiff shall be the defendant.

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