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(영문) 의정부지방법원 2014.10.15 2013가합2686
물품대금
Text

1. Defendant C Co., Ltd. shall be 48,459,00 won for Plaintiff A and 63,449,256 won for Plaintiff B and each of the above amounts.

Reasons

1. Basic facts

A. The status of the parties 1) Plaintiff A Co., Ltd. (hereinafter “Plaintiff”)

(2) The Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd.”) was supplied by the Plaintiffs from around 2009 to around 2013. The Plaintiff Co., Ltd. (hereinafter “Defendant Co., Ltd.”) is a company operating the wholesale and retail business of main goods and consumer goods, business air conditioners, and main air bags sales business. The Plaintiff Co., Ltd. (hereinafter “Defendant Co., Ltd.”) is the representative director of the Plaintiff Co., Ltd., and the Plaintiff Co., Ltd. was supplied with main air

B. The price for the goods that the Plaintiff Company was not supplied to the Defendant Company is 48,459,000 won.

[Reasons for Recognition] Uncontentious Facts, Gap evidence Nos. 1 through 4, Eul evidence No. 2, the purport of the whole pleadings

2. The assertion and judgment

A. Since the defendant company's claim against the defendant company of the plaintiff company did not pay the price equivalent to 48,459,000 won for the plaintiff company, the defendant company is the defendant company. Thus, the defendant company is liable to pay 48,459,000 won for the plaintiff company and damages for delay.

B. In full view of the overall purport of the pleadings, Plaintiff B’s claim 1 against the Defendant Company of the Plaintiff Company: (a) upon examining the following: (b) from July 7, 2009 to August 31, 2012, Plaintiff B traded the supply of goods such as the main agent, etc. to the Defendant Company; (c) during the above period, Plaintiff B supplied the goods to the Defendant Company; and (d) issued a tax invoice accordingly, the amount indicated in the tax invoice was considered as the price for the goods requested by the Plaintiff; and (d) the amount claimed by the Plaintiff as the price for the goods on the tax invoice issued by the Plaintiff Company of the Plaintiff is considered as KRW 2,343,469,05, total amount claimed by the Plaintiff based on the supply price stated in the tax invoice issued by the Plaintiff B (including any serial number) is excluded from the transaction amount of KRW 427,670,00 in the year 209 to KRW 305,64,605,605,61.

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