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1. The Defendant’s KRW 73,101,00 and the Plaintiff’s annual rate of KRW 6% from June 1, 2013 to January 28, 2015, and the following.
Reasons
1. Basic facts
A. The Plaintiff is a company that carries on the meat processing and sales business of livestock products, and the Defendant is a company that carries on wholesale and retail business and distribution business of livestock industry.
B. The Plaintiff supplied the Defendant with livestock products of KRW 376,018,890 in total from May 2, 2010 to February 2, 2013, as indicated in the separate sheet, and purchased the livestock products of KRW 1,184,200 from the Defendant.
C. From May 2010 to February 2013, the Defendant paid to the Plaintiff KRW 301,733,690 in total as the price of the said livestock products.
[Reasons for Recognition] A without dispute, entry of Gap 1 to 8, Eul 1 and 2, Gap's testimony, response to the order to submit the Sungdong tax secretary report, and the purport of the whole pleadings
2. The parties' assertion and judgment
A. The plaintiff asserts that he supplied the defendant with the total amount of KRW 376,018,890 as stated in the attached sheet, and the defendant asserts that he did not receive any supply of the following table 1-11 from the plaintiff.
The supply date 5.6,32,520 won 6.2,165,90 won 7.10, 200 won 2,983,100 won 3.2,10 on June 18, 2011, 201 4.2,440 won 4.42,740 won on August 24, 2011 5.25, 2011 6,332,520 won 6.2,165,90 won 7.1,00 won on November 2, 2012; 1,03,00 won on December 1, 2012; 1,03,90 won on December 31, 2012; 1,50 won on August 21, 2013; 1,5, 2015;
B. Considering the following circumstances acknowledged by the evidence revealed earlier, it is reasonable to view that the Plaintiff supplied the Defendant with the total amount of KRW 376,018,890, including Table 1-11.
1) The Defendant reported the entire amount indicated in Table 1-11 to the tax office with the Plaintiff’s purchase amount. In particular, the Defendant asserted that the Plaintiff did not receive livestock products listed in Tables 10 and 11 attached to the Seochoman on February 2, 2013, and filed a revised return on the said amount only on March 5, 2014 while the instant lawsuit was pending, and filed a revised return on the said amount. 2) The Defendant filed a revised return on May 2, 2013.