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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The Plaintiff is a company manufacturing and selling revised clothes, cosmetics, etc., and the Defendant, under the trade name of “C” (the trade name after the change to “D”), supplied the Defendant with products, such as singging, etc. from the beginning of December 2013 to March 3, 2014.
【Ground of recognition】 The fact that there has been no dispute, Gap Nos. 1 and 2, Gap No. 11-1 through 3, the purport of the whole pleadings
2. The parties' assertion
A. From December 4, 2013 to March 3, 2014, the Plaintiff asserted that the Plaintiff supplied goods equivalent to KRW 1,607,378,750 (including value-added tax) to the Defendant. Only KRW 1,450,287,50 in total was paid from the Defendant as the price for goods.
Therefore, the Defendant is obligated to pay the Plaintiff the unpaid amount of KRW 157,091,250 (i.e., KRW 1,607,378,750 - 1,450,287,50) and delay damages.
B. The Defendant asserted that, instead of paying the price for goods in cash to the Plaintiff, the Defendant agreed with the Plaintiff to treat the amount equivalent to the value-added tax as included therein. Accordingly, the Defendant completed the settlement due to the supply of the price for goods equivalent to KRW 1,456,989,00 and most of the payment in cash, and thus, the unpaid price for the goods
3. There are evidence evidence Nos. 3 through 7 (including each number), which seems consistent with the Plaintiff’s assertion. In light of the following circumstances, each of the above evidence alone is insufficient to recognize that the unpaid amount of goods remains, as alleged by the Plaintiff, and there is no other evidence to acknowledge it.
(1) Each transaction ledger (Evidence Nos. 3 and 6 of the A) and each content certification (Evidence No. 4-1 and 2 of the A) are merely an internal document of the plaintiff, or a document unilaterally prepared and sent by the plaintiff to the defendant.
② The supply unit price or unpaid amount is based on each receipt (No. 5-1 through 86) submitted by the Plaintiff to the effect that the Plaintiff was supplied with the instant goods and received from the Defendant.