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(영문) 의정부지방법원 2021.03.18 2020가단103382
물품대금
Text

1. The defendant shall pay to the plaintiff 60,039,364 won and the above amount at the rate of 12% per annum from April 6, 2020 to the day of full payment.

Reasons

1. Basic facts

A. The Plaintiff is a stock company engaged in the primary part-time occupation, etc. in Youngcheon-si C, and the Defendant is a person who runs the primary part-time distribution business with the trade name of "D" in Goyang-gu, Yangyang-si.

B. The Plaintiff and the Defendant had a continuous business relationship in which the Plaintiff manufactured and supplied the original team in accordance with the Defendant’s order. However, the total value of the original group supplied to the Defendant is KRW 141,067,454, stated that the value of the original group supplied to the Defendant was KRW 94,092,834, but this is the amount limited to the amount of the self-tax invoice on December 31, 2018 and January 2, 2019.

The original payment that the Defendant directly paid to the Plaintiff is KRW 27,80,960.

(c)

The Plaintiff issued three times the “Masp Tax Account”, the sales revenue, to the Defendant.

Specifically, -23,485,00 won -23,485,00 won on December 31, 2018, -23,489,620 won on January 2, 2019, and -6,252,510 won on December 31, 2020, respectively.

[Reasons for Recognition] The facts without dispute, Gap evidence Nos. 1 through 7, 11, and 12 (including numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination

A. According to the facts established prior to the determination as to the cause of the claim, the Defendant’s unpaid amount out of the original amount supplied by the Plaintiff is KRW 113,266,494 (i.e., KRW 94,092,834 - KRW 27,80,960).

In addition, the amount of the Plaintiff’s issuance of “Mabner Tax Account” is equivalent to the amount of the original unit owned by the Defendant, which was kept by the Plaintiff for the purpose of security, sold to “E” as the Defendant’s third party, and the amount above is the Plaintiff’s direct deposit from “E” and appropriated the Defendant’s original unit payment. As such, the remainder of the original unit payment remains KRW 60,039,364 if the amount of the “Mabner Tax Account” issued is added from the above original unit price.

B. The judgment of the defendant on the defendant's defense shall be based on the original supply contract with F Co., Ltd.

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