beta
Text
1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.
The defendant.
Reasons
1. In full view of the following circumstances, the Plaintiff’s supply of meat equivalent to the sum of KRW 668,513,569 (hereinafter “instant meat”) to the Defendant operating a meat supplier in the name of “C” from December 8, 2008 to June 30, 2010 may be recognized.
① The aggregate amount of sales on the Defendant stated in the sales account statement (Evidence A No. 11) from 2008 to 2010 for each customer prepared and kept by the Plaintiff, and on the sales account statement (Evidence A No. 13, 14, and 16) for each customer that the Plaintiff reported to the tax office is KRW 668,513,569.
According to the invoice by seller (Evidence No. 22-2, 5, 8 of the Evidence A) reported by the Defendant at the tax office, the purchase amount of the Plaintiff from the Plaintiff is KRW 53,162,00 in 208, KRW 292,158,643 in 209, KRW 323,192,297 in total, KRW 668,512,940 in total, and is consistent with the Plaintiff’s above sales amount.
(1) The difference in the amount below 1,00 won is due to the Defendant’s 208 data cut below 1,000 won. On the other hand, according to the evidence No. 2, the instant land category is acknowledged to have been sent to F, not the Defendant, but the Defendant. However, according to the evidence No. 22-1, 4, and 7, there exists the details of supply of goods for the same period between the Defendant and F, and the Defendant’s representative director H of F, the instant land category appears to have been reduced from the Plaintiff to F, at the Defendant’s request.
Therefore, the parties to the instant land transaction are the Plaintiff and the Defendant.
② The Defendant asserts to the effect that there was no land transaction before March 23, 2009. However, in full view of the entries of evidence Nos. 13 and 19 and the purport of the entire pleadings, it is recognized that the Plaintiff supplied meat to the Defendant from December 8, 2008.
③ According to the evidence evidence Nos. 11, 12, and 13, the Plaintiff supplied the Defendant with meat on June 8, 2010, and the account statement on June 30, 2010.