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Reasons
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(영문) 대전고등법원(청주) 2016.08.30 2015나107
물품대금 등
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1. Of the part concerning the principal lawsuit in the judgment of the first instance, the part concerning the Defendant (Counterclaim Plaintiff) shall be modified as follows.

Reasons

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

A. From April 2007, the Plaintiff has run a wholesale and retail business that provides simplified goods to construction sites, etc. with the trade name “D”.

B. From May 2009, the Defendant was serving as the Plaintiff’s employee. From May 2010, the Defendant supplied goods among the Plaintiff and sold them directly to the transaction partner. The Defendant issued a tax invoice under the name of the Plaintiff to the transaction partner who wants to issue the tax invoice.

C. On August 27, 2012, the Defendant: (a) registered the business under one’s name “E” and issued a tax invoice under one’s name to the customer; and (b) sold food goods supplied by the Plaintiff to the customer by March 2013.

The sum of the tax invoices issued by the Defendant to the customer from May 2010 to August 2012, 2012, which was before the business registration under one’s name, is KRW 500,747,590.

E. The Plaintiff was paid the amount of KRW 417,894,394 directly from the customer, and KRW 246,20,000, and KRW 664,094,394, as shown in the separate sheet.

F. On the other hand, on May 19, 2010, the Plaintiff asserted that the vehicle price of KRW 8,000,000 was KRW 13,00,000 for the first time for pleading as stated in the first time for pleading on March 27, 2015, and the Plaintiff changed its assertion to KRW 8,000,000 in the statement of grounds for appeal as stated on March 27, 2015.

However, the purport of the claim was not reduced.

From May 19, 2010 to May 15, 2012, a total of KRW 20,200,000 was remitted to the Defendant’s agricultural bank account for 14 times.

[Reasons for Recognition] Facts without dispute; Gap evidence Nos. 1, 2, 6, 7, 24, 31; Eul evidence Nos. 1, 3, 7 through 12; Eul evidence No. 1, 3, 7, and 12 (including each number; hereinafter the same shall apply); the result of the order of the court of the first instance to submit tax information on the Dong Jeju District Tax Office; the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion 1) is the Defendant.

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