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(영문) 제주지방법원 2014.08.19 2013가단18638
물품대금
Text

1. The Defendant shall pay to the Plaintiff KRW 53,703,113 as well as 20% per annum from November 27, 2013 to the day of full payment.

Reasons

1. The facts of recognition are as follows: Gap evidence Nos. 1 to 63, Eul evidence Nos. 1 to 4 (including each number), witness Eul's testimony, witness C's partial testimony, and the whole purport of the pleadings, the following facts may be acknowledged; contrary to this, Eul's statement Nos. 5, 10, 11, and 14, witness D's testimony, witness Eul's partial testimony, and witness Eul's witness's testimony are not reliable; Eul's testimony is not reliable; Eul's evidence Nos. 6 to 9, 12, 13, 15 (including each number), and 14-2's evidence Nos. 14-2 are insufficient to reverse the recognition, and there is no other counter-proof.

From June 2012 to January 15, 2013, the Defendant had been performing the construction of the third floor building E on the ground of Jeju city (hereinafter “instant construction”). The foundation and the structural foundation of the instant construction were awarded a contract to the forest ore construction of a limited liability company, and the remainder of the construction is directly executed by the Defendant, and the construction license for the forest ore construction was lent to the Defendant.

B. From June 19, 2012 to December 31, 2012, the Defendant purchased construction materials equivalent to KRW 154,761,713 (including value-added tax) necessary for the instant construction project from the Plaintiff, and paid KRW 101,058,60 out of the price of the said materials to the Plaintiff from July 13, 2012 to October 29, 2013.

C. The Plaintiff stated the value-added tax on the transaction statement that the Plaintiff is a person who is supplied with the previous construction (No. 2-1-5). However, the transaction statement that the Defendant is the person who is supplied with the previous construction (No. 1-7) did not state the value-added tax.

On December 22, 2012, C of the Defendant’s On-site Director C and B of the On-Site Director: (a) written confirmation of the balance of the credit account (Evidence A No. 3) confirming that the balance of the materials that the Defendant calculated as the total value-added tax amount of KRW 10,091,607 is KRW 83,703,113; and (b) written it to the Plaintiff.

2. Determination

A. According to the above facts of recognition, the defendant shall be the plaintiff.

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