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1. The Defendant shall pay the Plaintiff KRW 42,008,100 and the interest rate of KRW 12% per annum from August 23, 2019 to the date of full payment.
Reasons
1. From July 12, 2017 to April 9, 2018, the Plaintiff sold taxes of KRW 122,199,00 to the Defendant, greens, etc.
From July 10, 2017 to January 23, 2020, the Defendant paid KRW 80,362,50 to the Plaintiff the price for goods, such as the above taxation.
On October 11, 2017, the Plaintiff supplied the Defendant with goods equivalent to KRW 1,887,600, and issued a tax invoice (value of KRW 1,716,00, value-added tax of KRW 171,600). The Defendant returned the goods equivalent to KRW 1,887,600 to the Plaintiff.
[Ground of recognition] Facts without dispute, A2, 3, 4, B, 1, 2, 4-1, 4-2, 4-3, 6, the purport of the whole pleadings
2. Determination
A. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff the amount of 41,836,500 (i.e., the amount of 122,199,000 won - 80,362,500 won - the amount of value-added tax refunded 171,600 won, and damages for delay calculated at the rate of 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from August 23, 2019 to the date of full payment.
B. As to the Defendant’s assertion, the Defendant asserts to the effect that the amount should be deducted from the price of the goods given by the Plaintiff, as it is KRW 36,418,140 when the volume of the goods supplied by the Plaintiff was converted into the amount of money.
Each description in B 3-1, 3-2, and 5 alone is insufficient to recognize that the Plaintiff supplied a product less than the capacity, and there is no other evidence to acknowledge it, the above assertion by the Defendant is rejected.
3. The plaintiff's claim for conclusion is justified and acceptable.