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(영문) 서울서부지방법원 2018.05.02 2017가단229560
부가가치세 지급 청구
Text

1. The Defendants each amounting to KRW 89,000,000,000 to the Plaintiff, and Defendant Tae YoungdiM Co., Ltd. on September 21, 2017.

Reasons

1. Determination on the cause of the claim

A. In full view of the overall purport of the arguments in the evidence Nos. 1-1, 2, 1, and 2 of the evidence Nos. 1-1-2, the Defendants concluded a service contract on December 11, 2015 with the Plaintiff on the 14th of the same month (hereinafter “instant service contract”) and completed the sales agency business through the Plaintiff, and ② the Defendants did not pay value-added tax of KRW 74250,000 on the service cost of March 24, 2016 and value-added tax of KRW 13750,750,000 on the total value-added tax of KRW 1,750,000 on the service cost of June 7, 2016 to the Plaintiff.

B. According to the above facts of determination, the Defendants are obliged to pay to the Plaintiff each value-added tax of KRW 89 million (=178 million x 1/2) and to pay damages for delay calculated at the rate of KRW 15 percent per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from September 29, 2017 to the date following the date on which the duplicate of the complaint was served to the above Defendant. The Defendants are obliged to pay to the Plaintiff damages for delay calculated at the rate of KRW 15 percent per annum under the record from September 29, 2017 to the date on which the duplicate of the complaint was served to the above Defendant.

2. Judgment on the defendants' assertion

A. The Defendants asserted as to May 17, 2016 agreed to make a subsequent settlement at the Plaintiff’s request and paid advance KRW 660 million to the Defendants. Thus, the Defendants should return to the Defendants the remainder of KRW 482 million after deducting the value-added tax of KRW 178 million from the above KRW 660 million.

B. According to the evidence No. 3, the Defendants paid KRW 660 million to the Plaintiff on May 17, 2016, but in full view of the purport of the entire pleadings in the evidence No. 6, the Plaintiff is deemed to have paid KRW 660 million to the Plaintiff on May 17, 2016.

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