(영문) 서울중앙지방법원 2015.06.02 2014가단5163300

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(영문) 서울중앙지방법원 2015.06.02 2014가단5163300

물품대금

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1. The Defendant’s KRW 36,713,247 as well as 5% per annum from June 28, 2014 to June 2, 2015, and the next day.

Reasons

1. The facts below the basis facts are either in dispute between the parties or in accordance with the statements in Gap 3 to 5, Eul 1 to 3 (including serial numbers), with a comprehensive view to the whole purport of the pleadings.

A. The Plaintiff is a company engaged in the manufacture and wholesale and retail business of textile, yarns, raw yarns, etc., and the Defendant is a company engaged in the manufacture and wholesale business of textile and clothing.

B. The Plaintiff supplied the Defendant with the original goods, etc. from around 2007 to October 2013.

C. On June 30, 2012, the Defendant paid KRW 66,713,247 to the Plaintiff for the total amount of KRW 30 million. On the same day, the Defendant paid KRW 36,713,247 to the Plaintiff for the amount of unpaid goods (hereinafter “the instant goods price”).

(However, with respect to new supplies from that date until the end of the transaction between the original and the Defendant, the full amount of the goods has been paid).

On January 2012, the Plaintiff and the Defendant did not issue a tax invoice for KRW 64,290,520 and KRW 90,275,320 of supply, and KRW 90,275,320 of supply. The competent tax office notified the Plaintiff of the prior notice of the imposition of value-added tax on the omitted portion (the total amount of KRW 154,565,840).

2. Determination on the cause of the claim

A. According to the above facts as to the claim for the unpaid amount of goods, the defendant is obligated to pay the price of the goods of this case and interest in arrears to the plaintiff. 2) As to the defendant's argument, the defendant asserts that "the plaintiff and the defendant agreed to reduce the total amount of 36,713,247 won from the total amount of 66,713,247 won," and that "the defendant paid the plaintiff the remainder of 30 million won and completed settlement."

Therefore, each entry of lives, B 1 to 10 (including live numbers for those with serial numbers), and C’s witness.

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