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1. Defendant B shall pay to the Plaintiff KRW 300,748,997 and the interest rate of KRW 15% per annum from November 12, 2015 to the date of full payment.
Reasons
1. Basic facts
A. The Plaintiff is engaged in the original manufacturing business from November 10, 1993 to D. Defendant B is engaged in the original retail business in the name of Jongno-gu Seoul Franchising market from February 10, 200 to E. Defendant C (hereinafter “C”) and Defendant C (hereinafter “C”) was established on May 1, 2015 for the purpose of textile wholesale and retail business, and in-house directors G, a representative of which are Defendant B’s subsidiaries.
B. From March 2010, the Plaintiff continued to supply the original group of group uniforms, etc. to Defendant B’s E, and on May 2015, the remainder of the original unit price was KRW 424,798,935.
Meanwhile, B, on October 30, 2014, issued bills to the Plaintiff on October 30, 2014 for the payment of the original installment payment with the Plaintiff. On November 30, 2014, B issued bills of exchange with the Plaintiff on May 4, 2015. On November 30, 2014, bills of exchange with the face value of 4,2470,000 won and the due date of payment were issued on June 5, 2015.
On May 11, 2015, B asked the Plaintiff to pay the original amount in full, and request the Plaintiff to continue the original transaction.
C. On June 2015, Defendant B sent the Plaintiff’s business registration certificate to Defendant C, and, as it is expected that Defendant C will continue to engage in the business under the name of Defendant C, which was established under the name of Defendant C, by failing to perform financial transactions due to the default of bills, the tax invoice was issued in the name of Defendant C.
Accordingly, from June 2015, the Plaintiff issued a tax invoice under Defendant C’s name and continued the original transaction, and the remaining balance of the original amount is KRW 300,748,97.
However, the total amount of the original amount that the Plaintiff supplied after issuing a tax invoice under the name of Defendant C from June 2015 to January 2016 was 114,298,80 won [38,140 won = 11,38,592,620 won, 5,560,500 won, 31,049,50 won (excluding value-added tax due to the issuance of tax invoices), and the amount remitted under the name of Defendant C from July 14, 2015 to February 29, 2016].