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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The Plaintiff’s assertion: (a) from June 2012 to November 2, 2013, the Plaintiff supplied the Defendant with a lux lux lux lux lux; and (b) the outstanding amount out of the price of the goods to the present day is KRW 24,269,800.
Nevertheless, the defendant does not pay the outstanding amount on the ground that the trading party is not a party, but an in-house contractor A.
Therefore, the defendant is obliged to pay the outstanding amount and damages for delay to the plaintiff.
2. Considering the following circumstances, it is reasonable to view that the Plaintiff’s transaction party is not the Defendant, taking into account the following circumstances: (a) evidence Nos. 1 and 2, and evidence Nos. 3-1, 2, 2, 2, 3, 4, 6, and 7; and (b) evidence Nos. 1, 3, 4, 6, and 7:
Therefore, the plaintiff's assertion that the party to the transaction with the plaintiff is the defendant is not accepted.
① The tax invoices issued by the Plaintiff and the Plaintiff’s account books, specifications of transactions, tax invoices issued by the Plaintiff (Evidence A1) and the Plaintiff’s account books (Evidence A2), and each transaction statement and invoice (Evidence B6, 7, A5-1, and 2) dated October 21, 2013 issued by the Plaintiff and November 2, 2013, are written as “E” (representative A).
In addition, the Plaintiff received part of the price of goods from E until November 2, 2013.
As to the above tax invoice, the plaintiff asserted to the effect that the person who received the tax invoice as requested by the defendant was described A, but it is insufficient to recognize that the above request was made by the defendant in relation to the issuance of the tax invoice even if according to the testimony of D, who is an employee of the defendant, B, C, and D, and there
In addition, after the plaintiff applied for the rehabilitation procedure with respect to each of the above transaction statements, after obtaining the consent of the defendant, the plaintiff issued the transaction statement and tax invoice to the defendant with the transaction partner as the defendant, and also issued the transaction statement and tax invoice to the plaintiff.