logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원안산지원 2015.04.16 2014가합21219
물품대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a person who operates a gold-type manufacturer with the trade name of “C,” and the Defendant is a person who produces and sells mobile phone cases, charging machines, etc. using gold-type supplied by the Plaintiff in the trade name of “D.”

B. From October 2010 to March 2013, the Plaintiff produced a gold punishment in accordance with the drawing provided by the Defendant and delivered it to E who received the Defendant’s request, the Plaintiff has maintained the transactional relationship between the Defendant and the Plaintiff, when there is no defect in the launch after the launch of the test.

C. From October 30, 2010 to December 30, 2013, the Plaintiff issued a tax invoice of KRW 476,850,000, totaling KRW 433,50,000, value-added tax of KRW 433,50,350,000 to the Defendant. From October 6, 2010 to February 3, 2014, the Defendant paid KRW 375,150,000, in total, to the Plaintiff as a penalty.

[Grounds for Recognition] Unsatisfy Facts, entry of Gap evidence 1 and 2 (including each number), witness E's testimony, purport of whole pleadings

2. The parties' assertion

A. The gist of the Plaintiff’s assertion is as follows: (a) from October 6, 2010 to March 15, 2013, the sum of KRW 448,650,000, as shown in the Plaintiff’s column, as shown in attached Form 1 from the Defendant.

The supply value of subsection 433,500,000 and the non-issuance of the tax invoice by the plaintiff's claim of the plaintiff shall be 15,150,000 won.

(Non-value-added Tax (excluding value-added tax) was requested to produce and supplied the gold, and the Defendant paid only KRW 375,150,000 as the gold price.

Therefore, the Defendant is obliged to pay the Plaintiff the amount of KRW 121,850,000 (i.e., the amount of KRW 476,850,000 (including value-added tax) and the amount of KRW 15,150,000 (including value-added tax) that is not paid to the Plaintiff, as well as the amount of KRW 121,850,000 that is not paid to the Plaintiff (including value-added tax).

B. The Defendant’s summary of the Defendant’s assertion is the Plaintiff from October 6, 2010 to March 11, 2013.

arrow