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(영문) 대구지방법원 2019.12.13 2019가단113571
청구이의
Text

1. The Defendant’s order based on the payment order for the goods payment case in the Daegu District Court 2016 tea319 against the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff was supplied with the following goods from August 31, 2015 to December 31, 2015 by the Defendant (hereinafter “instant goods”).

The aggregate of the value-added taxes on packing materials issued on March 31, 2015, 49,278,418 won 4,927,841 won 54,206,259 won, 39,776,776,710 won 3,977,777,671 won 43,754,381 won on October 31, 2015, 2015; 20,267,73 won 22,294,50,503 won 11,40,736 won 14,736 won on December 31, 2015; 20,202,26,73 won on packing materials issued on December 31, 2015; 11,40,740,736 won 14,073 won 12,584,839,75 won 295 won

B. The Plaintiff paid the price for goods to the Defendant as follows:

The amount paid on the date and time of the net transaction shall be KRW 25,00,000 on October 26, 2015, KRW 30,000 on November 30, 2015, KRW 30,000 on November 11, 2015, KRW 422,294,503 on December 12, 2016, KRW 584,809 on November 12, 2016, KRW 509 on November 26, 2016, KRW 60,00 on November 5, 2016, KRW 00,00 on KRW 70,00 on July 12, 205, KRW 380, KRW 134,54,569 on December 14, 2016, KRW 5,000 on December 12, 2016,

C. On October 20, 2016, the Defendant filed an application for payment with the Plaintiff, stating that “The Plaintiff supplied 132,839,952 won of packing materials to the Defendant from August 2015 to December 2015, 2015,” and only received 89,879,312 won (the above b. No. 1 to 42,960,640 won of the remainder of the goods.” On November 2, 2016, the Defendant filed an application with the said court for payment order: “The Plaintiff received 42,960,640 won from the above court to the delivery date of the instant payment order to the Defendant; and 6,839,952 won per annum from the payment order to the date of the instant payment order; and 15% interest per annum from the day following the date of the payment order to the date of the instant payment order to the date of the full payment.”

[Ground of recognition] Unsatisfy, Gap evidence Nos. 2, 3 and 4, the purport of the whole pleadings

2. The plaintiff alleged that the goods of this case were supplied by the defendant with 132,839,952 won, and paid a total of KRW 134,540,692 as the price of the goods, so there is no balance in the price of the goods to be paid to the defendant.

Therefore, the payment order of this case is issued.

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