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(영문) 대구지방법원서부지원 2019.05.09 2018가합863
물품대금
Text

1. The Defendant’s KRW 208,048,135 as well as the Plaintiff’s annual rate of 5% from July 1, 2018 to September 27, 2018.

Reasons

1. Facts of recognition;

A. The plaintiff is a juristic person engaged in the manufacture and sales business of ready-mixeds, and the defendant is a juristic person engaged in construction, engineering work, etc.

B. The Plaintiff entered into a supply contract with the Defendant and supplied ready-mixeds equivalent to KRW 506,613,006 in total as stated in the current status of supply of ready-mixeds in the attached Table from May 6, 2017 to April 7, 2018 at the site of the construction of a new main plant at the Defendant’s request, and the unpaid price is KRW 208,048,135.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 9 (including branch numbers, if any) and the purport of the whole pleading

2. Determination

A. According to the above facts finding as to the cause of the claim, the defendant is obligated to pay to the plaintiff the amount of 208,048,135 won unpaid and the compensation for delay calculated at the rate of 5% per annum as stipulated by the Civil Act from July 1, 2018 to September 27, 2018, the delivery date of the copy of the complaint of this case, which is the delivery date of the plaintiff, and 15% per annum as stipulated by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment.

B. The Defendant’s assertion and judgment are asserted to the effect that the Plaintiff and the Defendant revoked a contract for the supply of ready-mixed equivalent to KRW 212,916,607 in total on October 14, 2017, and thus, the Plaintiff’s claim against the Defendant is merely KRW 293,69,69 (=the above KRW 506,613,006 - KRW 212,916,607) and rather, the Defendant paid to the Plaintiff in excess of the amount of ready-mixed.

According to the statement in Eul evidence No. 1, it is recognized that the plaintiff supplied 212,916,607 won to the defendant and issued an electronic tax invoice on September 27, 2017, but on October 14, 2017, issued - 212,916,607 won revised electronic tax invoice on the ground that "cancellation of contract" was revised.

However, according to the purport of Gap evidence No. 2 and the whole pleadings, the plaintiff issued the revised tax invoice as above, and then KRW 239,869,689, Dec. 1, 2017.

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