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(영문) 대구지방법원 2016.08.25 2015나17812
물품대금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. The Plaintiff is a person engaged in manufacturing business, such as machinery and automobile parts processing, under the trade name of “C,” and the Defendant is a person who engages in manufacturing business and wholesale business, such as metal type, in the trade name of “D.”

B. On October 2014, the Defendant requested the Plaintiff to process parts to be supplied to the new name metal company (hereinafter “instant parts”).

C. On October 31, 2014, the Plaintiff issued a tax invoice to the Defendant stating that “the Plaintiff, the Defendant, the supplier, the product processing unit, the quantity of 26, the unit price of 200,000 won, the supply price of KRW 5.2 million, the total amount of KRW 5.22 million, and the total amount of KRW 5.72 million” (hereinafter “instant tax invoice”).

On the same day, the Plaintiff prepared a statement of trading (Nos. 2 and 8; hereinafter “the instant statement of trading”) stating “The details processing unit, volume 26, unit price 200,000 won, and amount 5.2 million won,” and the Defendant E signed it.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, 7, and 8, and purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion from October 20, 2014 to November 3, 2011 of the same year, the Plaintiff processed and supplied 26 parts of this case to the Defendant, and the price for the goods is KRW 5.72 million [number 5.2 million to KRW 5.2 million (number 26 million x unit price 200,00%). Since the Defendant paid only KRW 4.18 million out of the price for the goods above to the Defendant, the Plaintiff sought payment of the unpaid amount of KRW 1.54 million to the Defendant (= KRW 5.72 million - KRW 4.188 million).

B. The part of this case that the plaintiff asserted and supplied to the defendant is about 19, and the defendant paid to the plaintiff 4,180,000 won [number 19,00 won per unit price x 2,000 won] for the above 19,00 won for the above 19 parts. Thus, there is no unpaid amount for the goods.

3. Determination

A. The processing cost of the instant parts is 20,000 won per opening, and the Defendant.

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