(영문) 대구지방법원 2015.01.28 2014나302063

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구지방법원 2015.01.28 2014나302063

부당이득금

Text

1.The judgment of the first instance shall be modified as follows:

The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) is KRW 6,548,800 and also the Plaintiff (Counterclaim Defendant).

Reasons

A principal lawsuit and a counterclaim shall be deemed as the same.

1. The following facts may be found either in dispute between the parties or in accordance with Gap evidence Nos. 1 to 4, and Eul evidence Nos. 1 and 3 (including each number), together with the whole purport of the pleadings:

The plaintiff is an agricultural partnership engaged in the business of manufacturing dysing-free foods, and the defendant is a person who engages in the business of wholesale agricultural products in the trade name of "B".

B. Around October 2011, the Plaintiff and the Defendant entered into a Schina Supply Agreement with the following content:

(hereinafter “instant non-supply contract”). “The Defendant shall supply Scenic (Scenic) to the Plaintiff from October 18, 201 to October 17, 2012. The Plaintiff shall pay 30,000,000 won to the Defendant in advance. The supply unit price shall be KRW 300,11,12 for December 1, 200, KRW 300, KRW 350, KRW 350, KRW 450, KRW 450, KRW 7,8, and KRW 50 for June 1, 201. When the supply and approval are violated, the Plaintiff shall pay the penalty of KRW 10,00 for each other.”

C. From October 201 to November 201, 2012, the Defendant supplied Ssam Scenic (Scenic) to the Plaintiff. Unlike the foregoing agreement, the Plaintiff calculated the unit price per kg for the portion supplied on April 201 and May 201, and calculated the unit price per 400 won for the portion supplied on June 201, and calculated the unit price per kg as 400 won for the portion supplied on June 201, and on July 2012;

8. On the portion supplied, the unit price per kg shall be calculated as 450 won, and on the portion supplied on September 2012, the kg unit price shall be calculated as 400 won and the price shall be paid.

On the other hand, the Plaintiff and the Defendant entered into an agreement with the Defendant to pay 7% of the total value of supply and the total amount of tax on the tax invoice to the Defendant, if the Defendant issued a false tax invoice to the Plaintiff (hereinafter “instant contract to issue false tax invoices”). Under the agreement, the Plaintiff, pursuant to the agreement, issued false tax invoices to the Defendant.

유사 판례

-청주지방법원 충주지원 2018.05.16 2017고단527

-전주지방법원 정읍지원 2017.01.17 2016가단262

-전주지방법원 2020.05.27 2019나2639

-대구지방법원서부지원 2016.01.20 2015가단278

-대구지방법원 2021.01.13 2020나316698