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(영문) 서울중앙지방법원 2019.07.05 2018가단5108844
물품대금
Text

1. The Defendant shall pay to the Plaintiff KRW 115,892,979 and the interest rate of KRW 15% per annum from April 8, 2018 to the date of complete payment.

Reasons

1. Basic facts

A. The defendant has sold household goods with the trade name "D" in Pakistan, and since 2007, the defendant has traded goods, etc. manufactured by the plaintiff and the plaintiff between the plaintiff and the plaintiff.

B. Around October 27, 2010, the Defendant prepared and issued to the Plaintiff a repayment plan stating that “The Defendant will pay KRW 184,707,174 as of October 27, 2010, and KRW 10,000 at the end of each month from December 31, 2010 to March 31, 2012, to pay KRW 5,000,000,” and even around August 31, 2011, “The Defendant will pay KRW 184,707,174 to the Plaintiff as a performance guarantee insurance,” written a repayment plan stating that “The Defendant will pay KRW 180,000 from October 10, 200 to KRW 10,000,000,000, KRW 305,000,000, KRW 300,000,000, KRW 397,209.”

C. As of December 2015, the Defendant’s obligation to pay the remainder after deducting the amount of goods received from the Defendant and the insurance amount received from E Co., Ltd., was KRW 115,892,979.

[Ground of recognition] The fact that there is no dispute, entry of Gap's 1 through 3, purport of whole pleading

2. The assertion and judgment

A. The plaintiff asserts that the defendant is obligated to pay 115,892,979 won and damages for delay payable to the plaintiff.

In regard to this, the plaintiff and the defendant have been traded in the way of withdrawal from the advance payment, and around September 2009 and around August 31, 2012, the defendant issued a processing tax invoice as if he were supplied with FA while he did not receive FA from the plaintiff. The details of the supply of the goods and the details of the issuance of the tax invoice are as follows.

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