beta
Text
1. The Defendant shall pay to the Plaintiff KRW 40,490,000 and the interest rate of KRW 15% per annum from January 30, 2018 to the day of complete payment.
Reasons
1. Facts of recognition;
A. The Plaintiff is a company that runs the business of wholesale and retailing stone, etc., and the Defendant is a person who runs the construction business, etc. under the trade name of Bupyeong-gu Incheon Metropolitan City C Building and E.
B. From around May 29, 2011 to May 29, 2015, the Plaintiff supplied stone to the Defendant. The amount of the Defendant’s unpaid goods under the trading ledger (Evidence A) prepared by the Plaintiff is KRW 40,490,000.
C. From January 6, 2012 to June 10, 2015, the total amount of tax invoices issued by the Plaintiff as a person to whom the Defendant was supplied pursuant to the Value-Added Tax Act is KRW 579,701,768, and the total amount of stones paid by the Defendant from October 7, 2011 to May 22, 2015 is KRW 488,460,640.
The Defendant reported the tax invoice issued by the Plaintiff to the competent tax office without raising any objection, and received the input tax deduction.
[Ground for Recognition: Facts without dispute, Gap evidence 1 through 3, evidence 4-1 through 22, evidence 5-1 through 20, and evidence 6-1 through 11, purport of whole pleadings]
2. The facts established above are as follows: (a) the Plaintiff’s claim for the price of goods reaches KRW 91,241,128 (=579,701,768 - 48,660,640) when based on the supply amount of the tax invoice that the Defendant issued and reported without objection; (b) the Plaintiff’s claim for the price of goods was 40,490,000 when based on the transaction ledger submitted by the Plaintiff; and (c) the Defendant recognized the fact that the stones was supplied from the Plaintiff until May 29, 2015; (d) even if the Defendant did not raise any objection as to the Plaintiff’s claim for the price of goods based on the Plaintiff’s transaction ledger, it is reasonable to view that the Plaintiff has a claim for the price of goods equivalent to KRW 40,490,000, at least against the Defendant.
Therefore, the defendant 40.0