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(영문) 부산지방법원 2015.01.15 2013가합20888
매매대금
Text

1. The Defendant’s KRW 136,736,271 as well as 6% per annum from February 2, 2013 to November 18, 2013 to the Plaintiff.

Reasons

1. Determination as to the cause of claim

A. The plaintiff is a corporation with the purpose of wholesale and retail business of electric machinery, and the defendant is a person who manufactures industrial machinery under the trade name B.

(2) The Plaintiff is an apparatus to convert the Rabter direct power to the exchange power between the Defendant and the Defendant.

Upon entering into a contract to supply electrical equipment (hereinafter “instant supply contract”), the said product was supplied to the Defendant from August 20, 2012 to December 27, 2012.

(3) On August 2, 2012, the Plaintiff issued a tax invoice of KRW 66,00,000 for the amount issued on August 2, 2012 to the Defendant, while the Plaintiff issued a tax invoice of KRW 66,00,000 for the issue amount of KRW 66,000 for the items other than the “PLC” on the same day. However, on September 7, 2012, the Plaintiff issued a revised tax invoice of KRW 60,000 for the reason of double issuance by mistake.

On August 31, 2012, the issue amount of KRW 205,693,686, the tax invoice of KRW 42,995,425 on September 30, 2012, the issue amount of KRW 8,269,008 on November 30, 2012, and the issue amount of KRW 878,152 on December 31, 2012, issued the tax invoice of KRW 323,836,271, including the issuance of the tax invoice of KRW 878,152 on December 31, 2012.

(4) Based on the above tax invoice, the Defendant filed a tax return with the tax office on the supply value of the instant supply contract of KRW 294,39,610, the tax amount of KRW 29,439,661 (the total amount of KRW 323,836,271 is the same as the amount of the said tax invoice issued).

(5) On August 2, 2012, the Defendant delivered to the Plaintiff electronic bills in face value of KRW 66,00,000 in face value, electronic bills in face value of KRW 44,00,000 in face value on September 10, 2012, electronic bills in face value of KRW 55,00,000 in face value on October 31, 2012, electronic bills in face value of KRW 22,10,000 in face value on February 1, 2013, respectively, and the Plaintiff received full payment of KRW 187,10,000 in face value.

[Ground of Recognition] Facts without dispute, Gap evidence 1 to 5 (including branch numbers if there are serial numbers) respectively.

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