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(영문) 부산지방법원 2018.12.20 2017가단15160
매매대금
Text

1. The Defendant shall pay to the Plaintiff KRW 40,107,890 and the interest rate of KRW 15% per annum from June 17, 2017 to the day of complete payment.

Reasons

1. Judgment on the ground of the Plaintiff’s claim

A. The Plaintiff asserts that, between July 10, 2013 and September 19, 2014, the price for the goods that had not been paid was 40,107,890 won (hereinafter “the price for the goods in this case”) supplied to C Co., Ltd. (hereinafter “Defendant Co., Ltd.”) and the Defendant Co., Ltd. (hereinafter “Defendant Co., Ltd.”) as the price for the goods in this case.

B. Considering the overall purport of the pleadings as a result of the order of submission of tax information against the head of this court and the head of this court to submit tax information, the following facts are as follows: ①: (a) the Plaintiff prepared and delivered to the Defendant Company a detailed statement of transactions from 200 to 200 won that the Plaintiff supplied the Defendant Company with cement, sand, tin, and drums during the period from February 17, 2012 to June 23, 2015; (b) the Plaintiff issued a tax invoice of 22,135,90 supply price to the Defendant Company on August 22, 2014; (c) the Plaintiff issued a tax invoice of 17,40,000 supply price for the Defendant Company on September 19, 2014; and (d) the Defendant Company supplied the Defendant Company a total of value-added tax invoices for purchasing goods from 2014 to 43,489,490; and (e) the Plaintiff did not receive the above amount from 1940.

Therefore, the Defendant Company is obligated to pay the price for the instant goods to the Plaintiff, barring special circumstances.

2. Judgment on the argument of the defendant company

A. The Defendant Company: (a) agreed that D acquires by transfer the Defendant Company from F, the representative director of the Defendant Company, E, and the actual management owner; and (b) on November 2, 2015, the Defendant Company, after transferring the Defendant Company, agreed that F and E bear obligations due to reasons attributable to F and E.

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