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(영문) 대구지방법원서부지원 2019.05.30 2018가합50653
물품대금
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Determination as to the cause of claim

A. The Plaintiff’s assertion 1) around May 2017: (a) around 112,640,00 won, the Plaintiff supplied Defendant B with film for animal benefit production; (b) from November 2016 to May 2017, the Plaintiff supplied Defendant C with difficult films equivalent to KRW 255,424,000; (c) livestock benefit manufacturing film; and (d) received KRW 87,00,000 from Defendant C with the purchase price for goods; and (e) the Plaintiff cannot be claimed as the Plaintiff’s claim for reimbursement of KRW 112,640,000; and (e) Defendant C cannot be claimed as reimbursement of KRW 168,424,00 (i.e., KRW 25,424,00 - KRW 807,000, value-added tax; and (e) the Plaintiff’s claim for reimbursement of KRW 280,000 from Defendant C’s purchase price for goods.

Therefore, Defendant C cannot respond to the Plaintiff’s request.

(b) Evidence A 2 and 3 (including paper numbers)

hereinafter the same shall apply.

According to their respective descriptions, ① the Plaintiff’s electronic tax invoice was issued in the amount of KRW 12,640,00 on May 31, 2017 with the Plaintiff’s “supplier” and “the supplier” as “the supplier” and “the supplier” as “the supplier”, ② the Plaintiff’s “the supplier” and “the supplier” as “the supplier” on November 30, 2016; and the Plaintiff’s KRW 95,74,000 on March 30, 2017; and KRW 56,320 on May 15, 2017;

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