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(영문) 서울중앙지방법원 2014.11.27 2013가합11305
물품대금
Text

1. The Defendant shall pay to the Plaintiff KRW 133,100,000 as well as 20% per annum from February 22, 2013 to the day of full payment.

Reasons

1. Facts of recognition;

A. 1) The Plaintiff is a company established for the purpose of manufacturing, selling, maintaining, and repairing computers and peripheral devices. 2) The Defendant (former Mutual Company C) is a company established for the purpose of wholesale and retail business of computers and peripheral devices.

3) D) From August 28, 2007 to June 26, 2008, D served as the Plaintiff’s director, and around June 2008, D Company E (hereinafter “E”) for the purpose of manufacturing, selling, maintaining, and repairing computers and precision peripheral devices.

B) On July 25, 2012, E established a tax invoice for the Plaintiff: (a) on July 25, 2012, the Plaintiff sent to the Plaintiff a tax invoice of KRW 126,758,50 (including value-added tax) for the goods of this case; (b) on July 27, 2012, the Defendant issued to the Plaintiff a tax invoice of KRW 133,100,000 (including value-added tax); (c) on July 25, 2012, the Defendant sent to the Plaintiff a written order stating that “The goods of this case were supplied within seven days after the delivery date; (b) cash settlement within October 16, 2012; and (c) the place designated by the Defendant for delivery; and (c) the Plaintiff’s payment for the goods of this case to the Plaintiff of KRW 30,500 (the price for the goods of this case; and (c) the Plaintiff’s payment for the goods of this case to the Plaintiff of KRW 305, 2015.7.25.

2) D around September 17, 2012, the Defendant revoked the issuance of a tax invoice for E on the grounds of the revocation of the goods supply contract concluded with E on September 28, 2012. [The facts that there is no dispute over the grounds for recognition, Gap evidence Nos. 1 through 6, Eul evidence Nos. 14 and 18, and all pleadings.

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