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(영문) 의정부지방법원 2016.05.19 2015나55923
물품대금
Text

1. The part of the judgment of the first instance against the defendant shall be revoked.

2. The plaintiff's claim against the above cancellation portion is dismissed.

3...

Reasons

1. The Plaintiff, based on the premise, runs a manufacturing business, such as a wooden household, in the name of "C," in the name of "C," and the Defendant runs a wholesale and retail business for households with the trade name of "D," in the name of "D," in

Around January 2014, the Plaintiff supplied a household with the Defendant, such as a meal table, cremation room, living room, and so on, and entered into a contract for the supply of goods to be paid on the basis of the end of each month, and supplied a household to the Defendant from February 2014 to July 2014.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, Eul evidence 1, witness F's testimony, purport of whole pleadings

2. The Plaintiff’s assertion that the Plaintiff supplied the Defendant with a 46,391,400 won amounting to KRW 15,000,000. As such, the Plaintiff sought payment of the remainder amount of KRW 31,391,40,000, after deducting a partial repayment from the Defendant.

3. Determination as to the cause of action

A. On July 2014, the issue of this case is whether the Plaintiff supplied the Defendant with a 46,391,400 won or more, which is the issue of this case, on July 2014.

According to the results of the order of submission of tax information by Gap evidence 1, 2, 3, and 4-5 and by the head of the strike tax office of this court, the plaintiff was requested by the defendant for the supply of households equivalent to the total amount of KRW 46,391,400 (including value added tax) corresponding to the total amount of KRW 16,391,40 (including the total amount of KRW 16,00, July 31, 2014; the plaintiff issued an electronic tax invoice with value of KRW 42,174,00, value-added tax amount of KRW 4,217,400, and value-added tax amount of KRW 42,174,00 on July 31, 2014; and

In addition, there is no dispute between the parties that the Plaintiff supplied the Defendant with a total of KRW 15,182,200 (including surtax) equivalent to the seven items among the above households, which are part of the delivery date, on July 2014.

However, evidence Nos. 4-3, 4, 5-1, 11-2, 2-2.

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